P. v. Lopez
The jury found defendant guilty of attempted robbery and making criminal threats against his father, in violation of Penal Code sections 664/211 and 422. Defendant admitted suffering one serious or violent felony conviction under the three strikes law (SS 1170.12, 667, subds. (b) (i)), and that the same conviction was a prior serious felony within the meaning of section 667, subdivision (a). The trial court sentenced defendant to a nine year prison term for the criminal threats offense (the two year middle term doubled pursuant to the three strikes law, plus the five year serious felony enhancement), and a concurrent four year term for the attempted robbery conviction (the two year middle term doubled pursuant to the three strikes law).
Defendant timely appealed from the judgment. Defendant contends (1) the trial court abused its discretion in admitting evidence of a prior crime that defendant robbed his father in 2001 under similar circumstances to those of the charged offenses, and (2) section 654's bar against multiple punishments requires the staying of one of the two sentences imposed. Court find no trial error, but agree that the sentence runs afoul of section 654. Accordingly, court order the trial court to stay the sentence on the attempted robbery conviction and otherwise affirm the judgment.
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