Vidaurri

People v. Vidaurri

Good Law
103 Cal. App. 3d 450·163 Cal. Rptr. 57·1980 Cal. App. LEXIS 1590
Court of Appeal of CaliforniaMarch 17, 1980Crim. 33983California5,738 words

Opinion

Opinion

Jefferson, J.

Defendant has appealed from his conviction of the following offenses alleged in a multiple count information: (1) a violation of Penal Code section 245—assault with a deadly weapon on Davis (count I); (2) assault with a deadly weapon on Trent (count II, Pen. Code, § 245); (3) assault with a deadly weapon on Ramirez (count III, Pen. Code, § 245); (4) assault with a deadly weapon on Kennedy (count IV, Pen. Code, § 245); (5) a violation of Penal Code section 459—burglary of a Sears department store (count V); (6) a violation of Penal Code section 211—robbery of Ramirez (count VI). The jury found that defendant had used a deadly weapon in the commission of the offense charged in count VI; and the court found that he had been previously convicted of a felony.

Imposition of sentence was stayed as to count III, assault on Ramirez, pursuant to Penal Code section 654; a prison sentence was imposed on count VI, the robbery count. With respect to counts I, II, and IV, prison sentences were ordered to run concurrently with the sentence on count VI. A consecutive prison sentence was imposed for the burglary-of-Sears offense (count V).

I

Contentions on Appeal

Defendant makes the…

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