P. v. Vegagarduno CA4/2
A jury convicted defendant and appellant, Oscar Vegagarduno, of elder adult abuse likely to produce great bodily harm (count 1; Pen. Code, § 368, subd. (b)(1)), assault by means likely to produce great bodily injury (count 2; § 245, subd. (a)(4)), and assault with a deadly weapon (count 3; § 245, subd. (a)(1)). The court sentenced defendant to a determinate term of two years of incarceration consisting of the low term of two years on the count 1 offense and concurrent terms on counts 2 and 3. On appeal, defendant contends the court erred by failing to stay the terms on counts 2 and 3 pursuant to section 654. The People agree imposition of sentence on one of the counts should be stayed, but not on both. The judgment is affirmed as modified.
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