P. v. Ruiz-Rodriguez CA3
A jury convicted defendant Jose Eduardo Ruiz-Rodriguez of attempted kidnapping, assault with intent to commit rape, felony false imprisonment, and assault. The trial court sentenced defendant to 10 years 10 months in prison, which included six years on the count two conviction for assault with intent to commit rape and a consecutive four years on the count one conviction for attempted kidnapping.
Defendant now contends the consecutive four-year sentence on the count one conviction for attempted kidnapping violates Penal Code section 654, because the attempted kidnapping was part of the same act or course of conduct as the assault with intent to commit rape. Finding no merit in the contention, we will affirm the judgment.
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