P. v. Newman
Ronald Evan Newman (appellant) appeals from the judgment entered upon his convictions by jury of assault by means likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1), count 2),[1] burglary (§ 459, count 3), two counts of making criminal threats (§ 422, counts 4 and 5), and dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1), count 6). Prior to trial, count 1 was dismissed pursuant to section 1382. The trial court sentenced appellant to two years in state prison, selecting the low term of two years for count 2. The court imposed concurrent terms of 16 months to two years on counts 3 through 6. Appellant contends the trial court erred by (1) not staying his sentence on count 3 under section 654 on the ground the burglary and assault were incident to the same intent and objective; and (2) not staying his sentence on count 5 under section 654 on the ground the criminal threat and witness dissuasion involved the same victim and were incident to the same objective.
The multiple victim exception to section 654 authorizes separate and concurrent sentences for the burglary and assault. We agree with appellant that the concurrent sentence for count 5 should have been stayed. We modify the judgment to correct the sentencing error and affirm the judgment as modified.
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