Thompson

Defendant Michael Thompson appeals from his conviction of two counts of assault with a deadly weapon by means likely to produce great bodily harm, with one enhancement for personal use of a deadly and dangerous weapon, and of misdemeanor battery. Appellant contends the trial court erred by imposing a one-year consecutive sentence on one of the assault convictions. We affirm the judgment.

Factual and Procedural Background

On March 15, 1989, Raymond Tom, his father, Shee Tom, his mother, Ngan Tom, and his grandmother, Rui Yu, were in the family’s restaurant (Tom’s Chinese Restaurant) in Oakland. At approximately 11 p.m., they heard a loud banging on one of the walls. Raymond Tom went to the window to investigate, but could see nothing. Because it was late in the *1649 evening, Raymond armed himself with a baseball bat and stepped out the back door, holding it open with one leg.

As the loud banging continued, Raymond looked out the door and saw appellant and two companions standing about six feet away. Two were banging on the wall of the restaurant. Holding the bat down at his side, Raymond told them to stop. One of the three replied, “We like to bang. What can you do…