California Court of Appeal

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People v. Mitchell, 269373

Sentence for robbing a convenience store and committing assault with a deadly weapon, a pair of scissors, is remanded for resentencing where the trial court erred by not staying the one-year sentence for assault with a deadly weapon under Penal Code section 654, because the defendant's assault and robbery were an indivisible transaction and the trial court already sentenced him for robbery.

Appellate Information

  • Decided
  • Published 2016/10/19

Judges

  • YEGAN

Court

  • California Court of Appeal

Counsel