P. v. Fisher
A jury found defendant and appellant Melvin Fisher guilty of assault with a deadly weapon, infliction of corporal injury on a cohabitant, kidnapping, attempted robbery, and second degree burglary. The trial court sentenced defendant to eight years in state prison. On appeal, defendant contends that (1) his sentences for the attempted robbery (count 4) and burglary (count 5) convictions should be stayed under Penal Code section 654; and (2) the use of a deadly weapon enhancement for his conviction on count 1 (assault with a deadly weapon) should be stricken. As set forth below, we hold that the trial court erred in imposing the weapon use enhancement as to count 1 (assault with a deadly weapon), and in imposing concurrent sentences for count 4 (attempted robbery) and count 5 (burglary).
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