P. v. Amaro CA3
A jury found defendant Rueben J. Amaro, Jr., guilty of robbery (count one) and assault by force likely to produce great bodily injury (count two). (Pen. Code, §§ 211, 245, subd. (a)(4).) The trial court sentenced defendant to the lower term of two years in prison for the robbery and a consecutive year (one-third the middle term) for the assault. On appeal, defendant argues the court erred in refusing to give CALCRIM No. 3425, on the complete defense of unconsciousness, and in declining to stay the sentence for assault pursuant to section 654.
We agree that the trial court erred in failing to apply section 654 and shall remand for resentencing.
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