P. v. Osbourne CA2/1
A jury convicted Cory Hugo Osbourne (Osbourne) of attempted second degree robbery against one victim (Pen. Code, § 213, subd. (b) ) and assault with a deadly weapon (a knife) against a second victim (§ 245, subd. (a)(1)). The trial court sentenced Osbourne to two years in prison on each count, the terms to run concurrently.
On appeal, Osbourne contends principally that the sentence for his assault conviction should have been stayed by the trial court pursuant to section 654 because that offense was committed as part of the same course of conduct as his attempted robbery conviction. We disagree. Section 654 does not apply where, as here, there are multiple victims of a continuing course of conduct.
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