P. v. Tolento CA4/3
A jury convicted Manuel Salvador Tolento of domestic battery causing injury with a prior conviction for domestic violence (Pen. Code, § 273.5, subds. (a) and (f)(1) [count 1]; all statutory references are to the Penal Code), kidnapping (§ 207, subd. (a) [count 2]), criminal threats (§ 422 [count 3]), misdemeanor violation of a protective order (§ 166, subd. (c)(1) [counts 7, 10]), and misdemeanor child endangerment (§ 273a, subd. (b) [counts 11-12]). Tolento appealed, and his appointed counsel filed a brief under the procedures outlined in People v. Wende (1979) 25 Cal.3d 436 (Wende). Tolento did not file a supplemental brief. After reviewing the record, we asked the parties to brief whether the trial court erred in failing to stay punishment for one or more offenses under section 654. We will accept the Attorney General’s concession the trial court erred by failing to stay punishment for counts 1 and 3, and modify the judgment accordingly. Our review of the record disclos
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