P. v. Casillas
A jury convicted defendant of one count of false imprisonment by violence, one count of simple assault, and two counts of misdemeanor sexual battery. The trial court sentenced defendant to the aggravated term of three years in prison for the felony and 540 days in jail for the three misdemeanors. Defendant argues on appeal that the evidence was insufficient to support his conviction for felony false imprisonment by violence, that the prosecutor committed misconduct by misstating the law pertaining to the elements of the crime of false imprisonment by violence, and that his attorney provided ineffective assistance of counsel in failing to object to the prosecutor’s misstatement. Defendant also argues that he cannot be convicted of both assault and sexual battery because assault is necessarily included in the offense of battery. The Attorney General concedes the final argument. Court concluded that the evidence is insufficient to support the felony false imprisonment conviction and accept the Attorney General’s concession with respect to the assault conviction. Court reversed and remanded for resentencing.
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