People v. Olivencia

Opinion

AGLIANO, P.J.

Benny Olivencia and his brother, Paul Olivencia, were tried together before a jury and were each convicted of one count of false imprisonment, a felony (Pen. Code, §§ 236, 237)1 with the use of a knife (§ 12022, subd. (b)). Both were acquitted of first degree burglary (§§ 459, *1395460). Benny was sentenced to three years in state prison and Paul was sentenced to two years. Appellants contend the trial court erred in failing to instruct the jury that felony false imprisonment is a specific intent crime. Paul contends the trial court failed to hold a requested Marsden…