P. v. Lemus CA5
Armando Manriquez Lemus was convicted of attempted murder with deliberation and premeditation, false imprisonment, and misdemeanor resisting a peace officer. He challenges, for insufficiency of the evidence, the jury’s finding that the attempted murder was committed with deliberation and premeditation. We reject this contention. Lemus further contends the trial court prejudicially erred in failing to stay his sentence for false imprisonment pursuant to Penal Code section 654. We agree that Lemus’s sentence for false imprisonment must be stayed under section 654 because the attempted murder and false imprisonment involved the same criminal acts and were indivisible offenses, incident to the same objective, i.e., to kill the victim. Accordingly, we will affirm the judgment of conviction but remand the matter for resentencing consistent with this opinion.
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