P. v. Cervantes CA6
This appeal presents a single issue: whether Penal Code section 654 required the trial court to stay any future sentence for defendant Ignacio Cervantes’s conviction for making criminal threats based on that conviction being part of an indivisible course of conduct with his other conviction for assault with force likely to cause great bodily injury. The appeal is procedurally unusual because the trial court’s Penal Code section 654 determination occurred when defendant was placed on felony probation and before any sentence was imposed. Because this procedural situation is similar to an appeal from an order granting probation when a trial court imposes a sentence but suspends its execution, we find that the trial court’s Penal Code section 654 determination is reviewable despite being arguably premature.
Defendant assaulted and threatened a housemate, leading to convictions for assault with force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(4)) and makin
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