People v. Haney

Opinion

STANIFORTH, J.

Defendant Kenneth Ray Haney was convicted by jury of false imprisonment, a felony (Pen. Code, §§ 236, 237), and simple assault (Pen. Code, § 240) as a lesser included offense of assault with a deadly weapon or with force likely to produce great bodily harm (Pen. Code, § 245, subd. (a)). He was sentenced to prison on the false imprisonment charge.

Haney contends his conviction of false imprisonment must be reduced to a misdemeanor because the trial court failed to instruct the jury on the elements of violence, menace, fraud, or deceit necessary to establish the felony…