Can a defendant appeal his conviction for false imprisonment against a defendant who was previously convicted of kidnapping?

We recognize that defendant contends his kidnapping conviction should be reversed because the court should have instructed that false imprisonment is a lesser included offense of kidnapping. Because defendant was separately charged and convicted of false imprisonment based on the same conduct supporting the kidnapping conviction, and because false imprisonment is a lesser included offense of kidnapping, the People assert his false imprisonment conviction should be reversed. (People v. Binkerd (2007) 155 Cal.App.4th 1143, 1147 ["A defendant cannot be convicted of both an offense and a lesser offense necessarily included within that offense, based upon his or her commission of the identical act."].) However, because there was sufficient evidence of kidnapping, no additional instruction on false imprisonment was required.

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