P. v. Hollis
Ronald Edward Hollis appeals from the judgment entered after a jury convicted him on two counts of inflicting corporal injury on a spouse (Pen. Code, 273.5, subd. (a) counts 1 and 5);[1] one count of making criminal threats ( 422 count 2); one count of assault with a deadly weapon ( 245, subd. (a)(1) count 3); one count of battery with serious bodily injury ( 243, subd. (d) count 4); one count of false imprisonment by violence or menace ( 236, 237, subd. (a) count 6); and five counts of misdemeanor battery on a spouse ( 243, subd. (e)(1) counts 7 through 11). As to count 1 (corporal injury on a spouse), the jury found true an allegation that appellant had inflicted great bodily injury. ( 12022.7, subd. (e).) Except for count 4 (battery with serious bodily injury), the trial court imposed consecutive sentences on all counts. The sentence on count 4 was stayed pursuant to section 654. The aggregate sentence was 17 years, 4 months (12 years, 4 months for the felonies plus 5 years for the misdemeanors). Appellant contends: (1) count 10 (battery on a spouse) must be reversed because it is a lesser included offense of count 1 (corporal injury on a spouse); (2) the sentences on counts 2 (making criminal threats), 6 (false imprisonment by violence or menace), and 10 (battery on a spouse) must be stayed pursuant to section 654; and (3) the federal double jeopardy clause precludes his conviction on count 4 (battery with serious bodily injury). Court modify the judgment to stay the sentence on count 6 for false imprisonment by violence or menace. In all other respects, Court affirm.
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