P. v. Parnell
In June 2008, a jury found appellant Ricky Parnell (Parnell) guilty of four counts of assault with a deadly weapon (Pen. Code,[1] 245, subd. (a)(1); counts 14), one count of corporal injury to a spouse or coinhabitant ( 273.5, subd. (a); count 5), one count of false imprisonment by violence ( 236; count 6), and one count of torture ( 206; count 7), all against the same victim, Eleather Shidie (Shidie). It was further alleged as to all seven counts that: (1) Parnell personally inflicted great bodily injury ( 12022.7, subd. (e)); (2) Parnell had one prior prison term ( 667.5, subd. (b)); (3) Parnell had one prior serious felony conviction ( 667, subd. (a)(1)); and (4) Parnell had one prior strike conviction ( 1170.12, subds. (a)(d), and 667, subds. (b)(i)).
In this appeal, Parnell contends: (1) the trial court committed prejudicial error in admitting evidence of a 1989 incident of domestic violence; and (2) the trial court erred in ordering the sentences on counts 1 through 6 to run consecutively to the term imposed on count seven rather than staying the first six sentences pursuant to section 654. Respondent maintains the abstract of judgment must be corrected to properly reflect the sentence imposed on count five. As there was no substantial evidence that Parnell entertained multiple independent criminal objectives on each of counts 1 through 6, we conclude the sentences should have been stayed under section 654. Court order the sentences on counts 1 through 6 stayed and the abstract of judgment corrected and otherwise affirm the judgment.
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