P. v. Castillo
Melvin Godoy Castillo, also known as Melvin Goody Castillo (defendant), appeals, after a jury trial, from the judgment entered upon his convictions of attempted kidnapping[1](Pen. Code, 664, 207, subd. (a), count 1),[2]assault with a deadly weapon ( 245, subd. (a)(1), count 2), and making a criminal threat ( 422, count 3). As to counts 1 and 3, the jury found to be true the special allegation that in the commission of those offenses defendant personally used a deadly or dangerous weapon within the meaning of section 12022, subdivision (b)(1). The trial court sentenced defendant to an aggregate state prison term of six years. Defendant contends that (1) the trial court erred in failing to stay his sentence on count 3 pursuant to section 654; (2) even if the trial court correctly did not stay sentence on count 3, the personal use of a deadly weapon enhancement on that count should have been stayed; and (3) the court facilities assessment in Government Code section 70373, subdivision (a)(1) was improperly imposed on defendant because his offenses occurred before it was operative. Court affirm.
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