P. v. Reed
Defendant appeals from the judgment after a jury found him guilty as charged of two counts of second degree robbery (Pen. Code, 211; counts 1, 4),[1]two counts of false imprisonment by violence ( 236; counts 2, 5), and one count of assault by means of force likely to produce great bodily injury. ( 245, subd. (a)(1); count 3.) The trial court found true the allegations that as to each of the five counts, defendant suffered several prior serious felony convictions ( 667, subd. (a)(1)), two prior separate prison terms ( 667.5, subd. (b)), and 13 prior strike convictions. ( 667, subds. (b)-(i).) The trial court imposed a total unstayed prison term of 100 years to life plus 28 years.
On appeal, defendant contends imposition of consecutive sentences on two counts of false imprisonment violates section 654 and Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). In a supplemental opening brief, he challenges the sufficiency of the evidence to support his conviction for assault with force likely to produce great bodily injury.
Court agree with defendant that his conviction for felony assault must be reversed and order that the abstract of judgment be amended. Court find no other error and shall affirm the judgment as amended.
Comments on P. v. Reed