P. v. Castaneda CA6
Defendant David Jason Castaneda was sentenced to eight years in prison after a jury found him guilty of kidnapping (Pen. Code, § 207, subd. (a)), assault with a deadly weapon (§ 245, subd. (a)(1)), attempting to dissuade a witness (§ 136.1, subd. (b)(2)), and battery upon a former dating partner (§ 243, subd. (e)). The charges arose from a violent encounter with a former girlfriend in which defendant rammed her car and then compelled her to accompany him several blocks to his parents’ house. On appeal, defendant contends that his sentences for aggravated assault and misdemeanor battery should have been stayed pursuant to section 654 because they were incidental to the kidnapping. We hold that the appeal is moot as to the battery and that the record contains substantial evidence that the assault was motivated by an objective distinct from the accomplishment of the kidnapping. Accordingly, we will affirm.
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