P. v. Nguyen CA4/1
In August 2016, while intoxicated on methamphetamine, Ut Van Nguyen tackled 72-year-old Carlos V. from behind, knocking Carlos to the ground and then falling on top of him. A jury convicted Nguyen of elder abuse in circumstances likely to produce great bodily injury (Pen. Code, § 368, subd. (b)(1), count 1) and simple assault. (§ 240, count 3.) Nguyen received a three-year prison term for the elder abuse conviction. The court also imposed 180 days in custody for the assault conviction. The parties did not object to the sentence. Nguyen argues, and the Attorney General concedes, that the trial court should have stayed his sentence on the assault count under section 654 because it was based on the same conduct as his conviction for elder abuse. We agree.
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