P. v. Barron
Joseph Steven Barron appeals from the judgment following jury trial of his convictions of assault by means of force likely to inflict great bodily injury (Pen. Code, § 245, subd. (a)(1)[1] (assault GBI)), conspiracy to commit assault GBI (§ 182, subd. (a) (conspiracy)), and three counts of battery (§ 242). The jury found the gang benefit allegations true as to the assault GBI and conspiracy (§ 186.22, subd. (b)(1)), and the batteries (id., subd. (d)). The trial court sentenced appellant to five years in prison, including concurrent sentences for assault GBI and conspiracy.[2] Appellant's sole contention on appeal is that by imposing separate sentences for the conspiracy and assault GBI, the trial court ignored the section 654 prohibition against punishing a defendant for crimes which shared the same objectives. We agree and modify the judgment to stay execution of sentence for conspiracy pursuant to section 654.
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