P. v. Kesselring CA1/2
A jury found defendant Charles Albert Kesselring guilty of evading a police officer; vehicle theft; carjacking involving the personal use of a deadly weapon; second degree robbery involving the personal use of a deadly weapon; making criminal threats involving the personal use of a deadly weapon; and assault with a deadly weapon. The trial court found true allegations that defendant had two prior felony convictions. Defendant does not challenge the validity of these convictions or enhancement findings. His appeal puts at issue only certain aspects of his aggregate sentence of 15 years and 8 months. All of defendant’s contentions are founded on Penal Code section 654, subdivision (a), which provides: “An act or omission that is punishable by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished under more than one provision.”
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