P. v. Colon
Defendant Gerardo Colon appeals from the judgment entered upon his jury conviction of second degree robbery and assault by means likely to produce great bodily injury. Defendant contends the court committed reversible error in admitting evidence of a prior assault. We conclude the evidence was not admissible, but the error was harmless and did not render defendant’s trial fundamentally unfair. Defendant argues that the sentence violates Penal Code section 654. We agree and order the sentence on count 2 (assault) stayed. We affirm the judgment as modified.
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