Does the Attorney General's theory in closing argument conflate the two charges of kidnapping with false imprisonment?

The Attorney General concedes the People's theory in closing argument conflated the two charges, arguing defendant dragged the victim into the house (kidnapping) and kept her there (false imprisonment) as part of one criminal act. The Attorney General concedes the false imprisonment charge is necessarily included within kidnapping, and therefore defendant cannot be convicted of both charges. We agree, as that position is consistent with precedent. (See People v. Chacon (1995) 37 Cal.App.4th 52, 65; People v. Magana (1991) 230 Cal.App.3d 1117, 1120-1121.)

The "correct course of action is to reverse the conviction for the included offense and direct the entry of a dismissal of the less serious crime." (People v. Chan, supra, 128 Cal.App.4th at p. 421.) Accordingly, we vacate the conviction for false imprisonment, and direct the trial court to dismiss that count and prepare an amended abstract of judgment reflecting this change.