P. v. Roque
The court sentenced Roque to a total term of six years eight months in prison, which consisted of the lower term of three years on count 1, and consecutive terms of eight months for count 3 and three years for the Penal Code section 12022.7, subdivision (a) enhancement. Roque contends (1) the consecutive sentences for counts 1 and 3 constitute double punishment in violation of Penal Code section 654, since he committed a single, indivisible act, and (2) the imposition of a full three-year term on the great bodily injury enhancement for count 3 violates section 1170.1, subdivision (a), and is thus unauthorized by law. The People concede the second issue and agree the matter must be remanded for resentencing. As to the first issue, Court affirm the judgment.
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