P. v. Gatchek
Filed 10/11/06 P. v. Gatchek CA1/4
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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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIRST APPELLATE DISTRICT
DIVISION FOUR
| THE PEOPLE, Plaintiff and Respondent, v. KENNETH VINCENT GATCHEK, JR., Defendant and Appellant. | A112462 (Solano County Super. Ct. Nos. VCR172123, VCR178153) |
As relevant here, appellant Kenneth Vincent Gatchek, Jr. was convicted of driving under the influence of alcohol (Veh. Code, § 23152, subd. (a)) and driving with a blood-alcohol level of 0.08 percent or higher (Veh. Code, § 23152, subd. (b)).[1] Appellant was sentenced to six months for each offense, with the sentences ordered to run concurrently.
Appellant contends, and the Attorney General concedes, that the conduct involved a single driving incident and that Penal Code section 654 permits punishment for one of the two offenses but not both. (People v. Subramani (1985) 173 Cal.App.3d 1106, 1110-1111.)
Accordingly, execution of sentence on appellant’s conviction of violating Vehicle Code section 23152, subdivision (b) is stayed pursuant to Penal Code section 654 and the abstract of judgment is ordered amended to reflect said stay.
In all other respects, the judgment is affirmed.
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Reardon, J.
We concur:
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Ruvolo, P.J.
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Rivera, J.
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[1] Appellant was convicted of other offenses which are not at issue on this appeal.
