Nemwan

Defendant Michael A. Newman appeals from convictions of robbery, burglary and two counts of felony false imprisonment arising out of a single incident. He contends (1) there was insufficient evidence of the “violence” element of felony false imprisonment and (2) the trial court erred in staying sentence on only one and not both false imprisonment convictions pursuant to Penal Code section 654. The People contend the trial court erred in applying section 654 to even one of the two false imprisonment convictions. We affirm the conviction but remand for resentencing.

FACTUAL AND PROCEDURAL BACKGROUND

The limited nature of the appellate issues makes detailed recitation of the facts unnecessary. It is sufficient to state that, viewed in accordance with the usual rules on appeal (People v. Zamudio (2008) 43 Cal.4th 327, 357-358 [ 75 Cal.Rptr.3d 289 , 181 P.3d 105 ]), the evidence established the following: The Dragon Garden is a fast-food restaurant in Lancaster. About 9:00 p.m. on Sunday, October 6, 2013, defendant entered the Dragon Garden, walked up to the counter, brandished what appeared to be a firearm (but which may have been a BB gun) and demanded that the cashier…