P. v. Gatchek
As relevant here, appellant was convicted of driving under the influence of alcohol and driving with a blood-alcohol level of 0.08 percent or higher. Appellant was sentenced to six months for each offense, with the sentences ordered to run concurrently.
Appellant contends, and the Attorney General concedes, that the conduct involved a single driving incident and that Penal Code section 654 permits punishment for one of the two offenses but not both.
Accordingly, execution of sentence on appellant’s conviction of violating Vehicle Code section 23152, subdivision (b) is stayed pursuant to Penal Code section 654 and the abstract of judgment is ordered amended to reflect said stay. In all other respects, the judgment is affirmed.
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