P. v. Williams
Defendant was convicted by a jury of: driving with willful disregard for safety to evade a peace officer (Veh. Code, 2800.2; count 1); assault on a peace officer with a deadly weapon (Pen. Code, 245, subd. (c); count 2); hit and run driving (Veh. Code, 20002, subd. (a); count 3); resisting arrest (Pen. Code, 148, subd. (a)(1); count 4); and battery on a peace officer (Pen. Code, 243, subd. (b); count 5). The court found that defendant had served two prior prison terms (Pen. Code, 667.5, subd. (b)), and sentenced him to six years eight months in prison as follows: the midterm of four years on count 2, plus eight months (one third the midterm) on count 1, plus one year for each of the prison priors. Defendant contends that the court violated Penal Code section 654 (hereafter 654) by failing to stay imposition of the sentence on count 1. However, substantial evidence supported the determination that counts 1 and 2 were not part of an indivisible course of conduct having a single criminal purpose, and there is no merit to defendants argument that pretrial rulings on venue and severance of charges compelled a contrary result. Accordingly, the judgment is affirmed.
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