P. v. Martinez
A jury convicted defendant and appellant Alejandro Martinez of aggravated mayhem (Pen. Code, 205, count 1),[1]assault with a deadly weapon by means of force likely to produce great bodily injury ( 245, subd. (a)(1), count 2), and active participation in a criminal street gang ( 186.22, subd. (a), count 3). The jury found true the allegation that defendant committed counts 1 and 2 for the benefit of a criminal street gang. ( 186.22, subd. (b).) The trial court found true that defendant served a prior prison sentence. ( 667.5, subd. (b).) The court sentenced him to a total state prison term of eight years eight months, plus life with the possibility of parole. The sentence consisted of eight years on count 2, which was deemed the principal count, eight months consecutive on count 3, plus life with the possibility of parole on count 1.
On appeal, defendant contends the sentences on counts 2 and 3 should have been stayed under section 654. Court affirm.
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