P. v. Fonseca CA1/3
Ruben Edgard-Bustillo Fonseca (defendant) appeals from a judgment entered after a jury found him guilty of first degree robbery of a transit passenger (Pen. Code, § 211), making a criminal threat (§ 422, subd. (a)), and assault by means likely to produce great bodily injury (§ 245, subd. (a)(4)). The trial court sentenced defendant to a total term of four years in state prison, consisting of the middle term of four years for robbery, the middle term of two years for making a criminal threat—which the court stayed under section 654—and a concurrent, upper term of four years for the assault. Defendant contends the court should have stayed his sentence on the assault count under section 654. We reject the contention and affirm the judgment.
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