P. v. Gaustad
Defendant and appellant Ricky Lee Gaustad was convicted of, among other things, robbery and dissuading a witness by force. During the sentencing hearing, the trial court indicated that it was required to impose a consecutive sentence for the dissuading a witness by force conviction. On appeal, defendant contends, and the People concede, that the trial court failed to recognize that it had the discretion to impose a concurrent term. Court agree with the parties. Therefore, the sentence is reversed; in all other respects, judgment is affirmed. The trial court is directed to conduct a new sentencing hearing.
Comments on P. v. Gaustad