Danowski

Defendant Guthrie Lee Danowski (defendant) confronted his victim in the parking lot of a fast-food restaurant and demanded all his money. When the victim resisted, defendant shot him in the stomach, then fled. As a result, defendant was convicted of attempted robbery and attempted willful, deliberate, and premeditated murder.

In the published portion of this opinion, we will hold that, when the three strikes law does not mandate consecutive sentences, Penal Code section 654 (section 654) prohibits multiple punishment under the three strikes law. In the unpublished portion of the opinion, we will futher hold section 654, as applied here, prohibited separate sentences for both the attempted murder and the attempted robbery. We will therefore stay the sentence for the attempted robbery. Finally, we will note several minor sentencing errors which we can correct by modifying the judgment. We find no other prejudicial error; accordingly, we will affirm the judgment as modified.

I

Factual Background

We focus on the evidence of what the perpetrator did and/or intended to do, which is relevant to several of defendant’s contentions. There was also conflicting evidence as to…