P. v. Tapia
On October 4, 2004, appellant pled nolo contendere in case No. PCF129598 to possession for sale of methamphetamine (Health & Saf. Code, S 11379, subd. (a), count one), driving with a blood alcohol level of .08 or higher (Veh. Code, S 23152, subd. (b), count three), and driving with a suspended or revoked license (Veh. Code, S 14601.1, subd. (a), count four). On November 9, 2004, a jury convicted Tapia in case No. VCF132057 of second degree robbery (Pen. Code, S 211, count one), corporal injury to a spouse or cohabitant (Pen. Code, S 273.5, subd. (a), count two), assault with a weapon likely to cause great bodily injury (Pen. Code, S 245, subd. (a), count three), misdemeanor vandalism (Pen. Code, S 594, subd. (a), count five), and a misdemeanor count of dissuading a witness from reporting a crime (Pen. Code, S 136.1, subd. (b)(1), count seven).
On December 9, 2004, the trial court sentenced Tapia to prison for the low term of two years for assault with a deadly weapon plus one year consecutively for corporal injury to a spouse. The court imposed concurrent terms of two years for the second degree robbery conviction and two years for possession for sale of methamphetamine. Appellant's total prison term is three years. The court imposed a restitution fine and granted applicable custody credits.
On appeal, appellant contends there was insufficient evidence to sustain his conviction for assault with a deadly weapon. Appellant further contends his trial counsel was ineffective for failing to move for acquittal and to sever unrelated counts.
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