P. v. Gonzalez
Filed 3/22/06 P. v. Gonzalez CA2/7
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SEVEN
| THE PEOPLE, Plaintiff and Respondent, v. RICARDO GONZALEZ, Defendant and Appellant. | B180790 (Los Angeles County Super. Ct. No. KA065037) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Thomas C. Falls, Judge. Affirmed as modified.
Laura G. Schaefer, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Lawrence M. Daniels and Daniel C. Chang, Deputy Attorneys General, for Plaintiff and Respondent.
______________________________
Ricardo Gonzalez appeals from the judgment entered after a jury convicted him of kidnapping, kidnapping for carjacking, kidnapping to commit robbery, with a finding he personally used a knife to commit the offenses.[1] The jury also found Gonzalez guilty of two misdemeanors, simple assault and giving false information to a police officer.[2] He was sentenced to life with the possibility of parole plus a consecutive term of one-year.[3] Gonzalez contends the prosecutor committed prejudicial misconduct in her closing argument and his kidnapping conviction should be dismissed. We affirm the judgment as modified.
FACTUAL AND PROCEDURAL BACKGROUND
Prosecution Evidence
On the night of January 22, 2004, Ricardo Gonzalez (appellant) commandeered the car of a young woman (the victim) at knife point and drove away with her in the front passenger seat. Appellant demanded the victim remove her clothing and ripped off her jacket. The victim repeatedly attempted to jump from the car, but appellant pulled her back into the moving vehicle. At one point, appellant grabbed the victim and fondled her breasts. She fought back and bit appellant's thumb. He abruptly turned into a storage yard, released the victim, and drove away. The victim testified appellant was coherent throughout the assault. He acted in a â€
