P. v. Zaragosa CA5
Miguel Zaragosa (appellant) appeals from the judgment entered after he committed a violation of probation. Appellant’s sole contention on appeal is that Penal Code section 654 barred the imposition of multiple punishment for his felony conviction of driving while having 0.08 percent or higher blood-alcohol and his misdemeanor conviction of driving when driving privilege suspended or revoked. Finding merit in appellant’s contention, which the People concede, we will modify the judgment to stay, pursuant to section 654, the sentence imposed for appellant’s conviction of driving when driving privilege suspended or revoked. In all other respects, we will affirm the judgment.
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