P. v. Aramburo
In an earlier appeal by defendant, court issued an unpublished opinion affirming his convictions and instructing the trial court to hold a new sentencing hearing. The court held the sentencing hearing, and resentenced defendant. Defendant appeals. Appellant contends that the court erred in failing to stay, pursuant to Penal Code section 654, the punishment of one count of assault with a semiautomatic firearm. Appellant also contends that the imposition of an aggravated term on one count violated his constitutional rights under Blakely v. Washington (2004) 542 U.S. 296. The court states that “under the multiple victim exception, multiple punishment for violent crimes against separate individuals is proper even when the crimes are part of an indivisible course of conduct.” No error is found because there was at least one victim of the carjacking that was not a victim of the assault. Court reject Appellant’s contentions, and affirms.
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