California Court of Appeal

Defendant's burglary and assault sentence is modified where: 1) the trial court should have stayed the section 12022, subdivision (b)(1) sentence enhancement for use of a deadly or dangerous weapon in connection with the burglary count because it was based on the same indivisible course of conduct that gave rise to the assault with a deadly weapon counts; and 2) the abstract of judgment must be amended to reflect that the trial court struck two of the petty theft convictions.

Appellate Information

• Decided 05/24/2010
• Published 05/24/2010

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Lilia E. Garcia and Arlene A. Sevidal, Deputy Attorneys General, for Plaintiff and Respondent., Kevin D. Sheehy, under appointment by the Court of Appeal, for Defendant and Appellant.