P. v. Nguyen CA4/3
A jury convicted Duyen Chuong Nguyen of assault with a deadly weapon (count 1), simple battery (count 2), and attempted petty theft (count 3). Nguyen received a suspended sentence on condition he serve 364 days in jail on count 1 and shorter concurrent sentences on counts 2 and 3. On appeal, he argues the evidence was insufficient to support the attempted petty theft conviction and the trial court erred by not staying execution of sentence on count 2 pursuant to Penal Code section 654 (further Code references are to the Penal Code). We conclude otherwise and affirm.
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