P. v. Mundo
Defendant was convicted of burglary (count 1), assault with intent to commit rape (count 5), and two counts of false imprisonment (counts 6 and 7), with a true finding on a dangerous weapon allegation. (Pen. Code, §§ 459, 220, 236, 12022, subd. (b)(1).)[1] Appellant was sentenced to state prison for a term of seven years, eight months. Appellant appeals, contending his sentences on counts 1 and 5 (the burglary and assault) violate section 654 or, alternatively, that his sentences on counts 6 and 7 (the false imprisonments) should have been stayed. Court agree that appellant cannot be punished for all of the crimes charged, as does the Attorney General. Thus reverse and remand for resentencing without reaching appellant's alternative sentencing issue.
Comments on P. v. Mundo