P. v. James CA5
A jury convicted defendant Rachel Nickole James of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1); count 1), making criminal threats (§ 422; count 2), and petty theft (§ 488; count 4), and the trial court found true the special allegation, as to counts 1 and 2, that defendant had served a prior prison term (§ 667.5, subd. (b)). On appeal, defendant contends the court violated section 654’s proscription against multiple punishment when it sentenced her to consecutive terms for counts 1 and 2. We find merit to this contention and modify the judgment accordingly.
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