P. v. Wellborn
Filed 3/21/06 P. v. Wellborn CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Butte)
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| THE PEOPLE, Plaintiff and Respondent, v. DON CARROL WELLBORN, Defendant and Appellant. |
C049561
(Super. Ct. No. CM022319)
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With the understanding he could serve a maximum sentence of six years and four months in prison, defendant Don Carrol Wellborn entered negotiated pleas of guilty to corporal injury on a former cohabitant, false imprisonment, and a criminal threat, and admitted being armed with a firearm during the crimes. He was sentenced to an aggregate term of four years and eight months in state prison (three years for the corporal injury, plus consecutive terms of eight months for the criminal threat and one year for the armed enhancement). Execution of sentence was stayed for the false imprisonment. (Pen. Code, § 654; further section references are to this code.)
On appeal, defendant contends that the sentence imposed for his criminal threat should have been stayed because, in defendant's view, his actions constituted an indivisible course of conduct. We shall affirm the judgment.
FACTS
While driving with his ex-girlfriend, Stacey Owens, defendant asked whether she wanted to go to his residence and â€
