P. v. Curtis
A jury convicted appellant Michael Lee Curtis of carjacking (Pen. Code, 215, subd. (a);[1]count 1), second degree robbery ( 211, 212.5, subd. (c); count 2) and assault with a deadly weapon ( 245, subd. (a)(1); count 3), and found true allegations that in committing the count 1 and count 2 offenses appellant personally used a deadly weapon ( 12022.3, subd. (b)). The court imposed a prison term of four years, consisting of the three-year lower term on the count 1 substantive offense and one year on the accompanying weapon-use enhancement. The court imposed concurrent two-year terms on each of counts 2 and 3, and stayed the count 2 enhancement. On appeal, appellant contends the court, in ordering appellants sentences on counts 2 and 3 to be served concurrently with the sentence imposed on count 1, violated the section 654 proscription against multiple punishment. Court affirm.
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