P. v. Castillo
A jury found defendant guilty of attempted murder (Pen. Code, 664/187, subd. (a)) (count 1), assault with a deadly weapon (Pen. Code, 245, subd. (a)(1)) (count 2), and making criminal threats (Pen. Code, 422) (count 3).[1], [2] As to counts 1 and 3, the jury found true the allegations that defendant was personally armed with a dangerous or deadly weapon during the commission of a felony. ( 12022, subd. (b)(1).) The jury found not true the allegation that the attempted murder was premeditated. ( 187, subd. (a).) The court sentenced defendant to state prison for a term of six years. Defendant contends the trial court abused its discretion by not staying his sentences for counts 2 and 3 pursuant to section 654. The People concede defendants argument is correct as to count 2, but disagree with defendants argument concerning count 3. Court affirm the judgment as modified in this opinion.
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