Vargas

The defendant was convicted of three counts of battery, the victims of which were three deputy sheriffs, a different victim being named in each count. She was also convicted of disturbing the peace.' The unpleasantness arose when the officers served a writ of possession in a civil action upon our defendant. She resisted the enforcement of the writ by kicking, striking or biting each of the officers. In a fourth count she was convicted of disturbing the peace by the same misconduct which constituted the battery.

Penal Code, section 654, provides: “An act or omis *865 sion which is made punishable in different ways by different provisions of this Code may be punished under either of such provisions, but in no case can it be punished under more than one,- ...” The judgment on count IV (disturbing the peace) must be reversed by reason of this section, battery being a graver offense, on the basis of possible punishment, than disturbing the peace.

We have considered and found without merit all of the grounds urged by appellant for reversing the judgment on the battery counts. This court, by express provision of Judicial Council Appellate Department rule 6, is not required to write an…