P. v. Cerda
After breaking into a house and accosting the occupants, defendant Ryan Cerda was convicted of burglary, attempted robbery, assault with a deadly weapon, and preventing or dissuading a witness from reporting the crimes. His aggregate prison sentence was 16 years. Cerda argues now that the court gave the jury erroneous instructions and an inadequate verdict form. He also contends that the sentences for three of his crimes should have been stayed pursuant to Penal Code section 654 and that the court imposed consecutive sentences improperly. Court modify the judgment to stay, pursuant to Penal Code section 654, the 16-month sentence for burglary and the eight-month sentence for attempted robbery, reducing the total unstayed sentence to 14 years. Court affirm the judgment as modified.
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