P. v. Blanco
A jury convicted Norman Paul Blanco of numerous counts in connection with his crimes on September 12 and 13, 2005. The court in the original proceedings sentenced Blanco to 50 years to life, plus a nine-year determinate term. However, on appeal, this court vacated the sentence and remanded for resentencing because we concluded a true finding regarding a prior juvenile adjudication was not supported by substantial evidence. (People v. Blanco (July 22, 2008, D049359) [nonpub. opn.] (Blanco I).) On remand, the court sentenced Blanco to a total term of 20 years 4 months, which included the principal term for assault with a deadly weapon and personal use of a firearm (Pen. Code 245, subd. (a)(2), 12022.5, subd. (a),[1] count 3) and consecutive terms for each of Blanco's convictions for unlawfully taking and driving a vehicle (Veh. Code, 10851, subd. (a), count 9) and for evading an officer with reckless driving (Veh. Code, 2800.2, subd. (a), count 10). In this appeal, Blanco asserts the trial court erred by not staying the sentence on count 9 under section 654. He alternatively asserts that, even if section 654 does not apply, the trial court abused its discretion by imposing sentences for counts 3, 9 and 10 consecutively rather than concurrently.
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