P. v. Hayes CA3
Defendant Stanley B. Hayes entered a plea of guilty to battery on a peace officer (Pen. Code, § 243, subd. (c)(2)) in exchange for 16 months of incarceration. He timely appeals the trial court’s decision to run his 16-month county jail sentence consecutive to his 2004 state hospital commitment, which he was serving at the time of the assault, plea, and sentencing. We will modify the judgment to stay defendant’s custodial sentence pending restoration of his sanity and otherwise affirm.
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