P. v. Hunyadi
Louis Joseph Hunyadi appeals from the judgment entered upon his conviction by jury of two counts of assault with a firearm (Pen. Code, § 245, subd. (a)(2), counts 1 and 2),[1] and two counts of making criminal threats (§ 422, counts 3 and 4). The jury also found true the special allegations that appellant personally used a firearm (§12022.5, subds. (a) and (d)). The trial court sentenced appellant to a prison term of 20 years and four months, imposing consecutive sentences on each of the four counts. Appellant’s sole contention on appeal is that the consecutive sentences imposed on counts 3 and 4 violated section 654 because the criminal threats were incidental to the assaults with a firearm.
We hold that the trial court erred in failing to stay the sentences for the criminal threat convictions (counts 3 and 4) pursuant to section 654 and will modify the judgment accordingly. The judgment is otherwise affirmed.
Comments on P. v. Hunyadi