P. v. Aguilera
A jury convicted appellant of attempted voluntary manslaughter (Pen.Code, SS 664, 192, subd. (a)), as a lesser included offense to attempted murder (SS 664, 187; count 1), and found true allegations that duringthe commission of the crime he personally used a deadly and dangerous weapon and personally inflicted great bodily injury(SS 12022, subd. (b), 12022.7, subd. (a)). The jury also convicted Aguilera of(1) assault with adeadly weapon, a knife (S 245, subd. (a)(1)), and found true that in the commission of that offense he personally inflicted great bodily injury (S 12022.7, subd. (a); count 2), and (2) resisting a peace officer (S 148, subd.(a)(1); count 3). Appellant was sentenced to a 7-year prison term as follows:the three year midterm for attempted voluntary manslaughter, plus one year for the use of a deadly and dangerous weapon enhancement and three years for the infliction of great bodily injury enhancement. The court also sentenced Appellant to the mid term of three years for assault with a deadly weapon plus three years for the infliction of great bodily injury enhancement, to be served concurrently with his sentence on count one. The court did not impose anadditional term for resisting a peace officer.
On appeal, Appellant contends (1) his conviction for assault with a deadly weapon with the enhancement for personal infliction of great bodily injury should be reversed because it was a lesser offensene cessarily included in attempted voluntary manslaughter where the latter had enhancements for personal infliction of great bodily injury and personal use of a deadly weapon; (2) the concurrent sentences for attempted voluntary manslaughter and assault with a deadly weapon violate section 654; and (3) substantial evidence does not support his conviction for resisting arrest. As Court explain, Court agree the concurrent sentences violate section 654, but reject Appellant's other contentions. Accordingly, Court remand for the trial court to correctthe sentence but otherwise affirm the judgment.
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