Are there any cases where a court has found that a finding of false imprisonment was not prejudicial and does not require reversal?

California, United States of America


The following excerpt is from People v. Byers, 275 Cal.Rptr.3d 661, 61 Cal.App.5th 447 (Cal. App. 2021):

have rejected Byers's claims of error, "we likewise conclude that the cumulative effect of these asserted errors was not prejudicial and does not require reversal." ( People v. Bonilla (2007) 41 Cal.4th 313, 360, 60 Cal.Rptr.3d 209, 160 P.3d 84.)

As to kidnapping (count 1), the court imposed a five-year great bodily injury enhancement ( 12022.8). The parties agree that by its terms, section 12022.8 does not apply to kidnapping, and ask that it be replaced by the three-year enhancement for infliction of great bodily injury in the commission of any felony ( 12022.7, subd. (a)). ( People v. Strickland (1974) 11 Cal.3d 946, 961, 114 Cal.Rptr. 632, 523 P.2d 672.) We accept their stipulation and order the judgment be modified accordingly.

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