People v. Castro

Opinion

HASTINGS, J.*

Defendant Rodolfo Castro was convicted of felony false imprisonment (Pen. Code, § 236)1 as well as child molestation (§ 647.6, subd. (a)). He appeals his conviction for felony false imprisonment on the ground that there was insufficient evidence at trial to support the conviction. In the alternative, he contends the trial court erred in failing to instruct, sua *139sponte, on the lesser included offense of misdemeanor false imprisonment. We agree the court erred in failing to provide an instruction on misdemeanor false imprisonment, a point conceded by respondent, and we…