P. v. Bardon
Filed 6/28/06 P. v. Bardon CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. ROBERT WAYNE BARDON, Defendant and Appellant. | G035011 (Super. Ct. No. 02NF0790) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Richard M. King, Judge. Affirmed.
Anthony J. Dain, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Douglas P. Danzig and Charles C. Ragland, Deputy Attorneys General, for Plaintiff and Respondent.
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Defendant Robert Wayne Bardon was convicted of nine counts of committing a lewd act on a child. Two of the counts were for acts committed upon J. J. One was based on him touching J. J.'s penis with his hand, the other with his mouth. Defendant was sentenced to a total of 30 years to life in prison. As to the two counts at issue, defendant was sentenced to 15 years to life with the possibility of parole on one and six years to be served concurrently for the second. He contends the six-year sentence on the second count should be stayed under Penal Code section 654 (all further statutory references are to this code). We disagree.
Section 654 states: â€
