P. v. Nunez
After hearing testimony that defendant Mark Anthony Nunez struck his former girlfriend with his truck and ran over her leg, a jury found him guilty of three crimes: assault with a deadly weapon (Pen. Code, 245, subd. (a)(1) -- count 1),[1]assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1) -- count 2), and infliction of corporal injury on a former cohabitant ( 273.5, subd. (a) -- count 3). As to each crime, the jury also found true allegations that defendant inflicted great bodily injury on the victim. ( 12022.7, subd. (a).)
At sentencing, the trial court stayed imposition of sentence on counts 2 and 3 because all crimes arose from the very same behavior. On appeal, defendant contends he cannot be convicted of two violations of section 245 based on a single assault and asks that we reverse his conviction in count 2. The People concede the error, and we agree. But because we also find the trial court neglected to impose any sentence on count three, Court remand for resentencing.
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