P. v. Garay
Appellant Mario Garay appeals from a judgment entered after a jury found him guilty of count 3, willful infliction of corporal injury in violation of Penal Code section 273.5, subdivision (a); count 4, dissuading a witness in violation of section 136.1, subdivision (b)(2); and count 5, attempted forcible rape in violation of sections 664 and 261, subdivision (a)(2). Appellant was sentenced to the midterm of three years in state prison for count 3; the midterm of two years in state prison for count 4; and the midterm of three years in state prison for count 5 to run concurrently to the sentence imposed in count 3. Appellant contends that, pursuant to section 654, the trial court erred in failing to stay the sentence on the attempted forcible rape count. Court affirm.
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