P. v. Dexter
This is the second appeal in this case. In the first appeal we issued an unpublished opinion (People v. Dexter (Sept. 27, 2006, E039469)) affirming the judgment of conviction, but we remanded the case for resentencing. We found that the imposition of unstayed sentences as to two counts, for assault and criminal threats, ran afoul of Penal Code section 654,[1]and that the sentence for a third count, for false imprisonment, might also be in error for the same reason depending on the courts factual determination as to whether one of two possible incidents would provide the factual basis and justification for the imposition of an unstayed sentence as to that count.[2]
After remand to the trial court, it resentenced defendant on January 12, 2007. At that time, the court determined that section 654 did apply to the false imprisonment count. Both the prosecutor and the defense attorney agreed with that determination. The court stayed imposition of sentence then on all three of the counts for which we ordered the remand for resentencing (count 2, criminal threats; count 3, false imprisonment; and count 6, assault with a deadly weapon). Court have now completed our independent review of the record and find no arguable issues.
The judgment is affirmed.
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