People v. Posadas CA4/2

I.

INTRODUCTION

A jury convicted defendant and appellant Fabian Yepez Posadas of two counts of 1 assault with a firearm (Pen. Code, § 245, subd. (a)(2); counts 1 & 2); first degree

burglary (§ 459; count 3), three counts of false imprisonment (§ 236; counts 4, 5 & 6),

three counts of making criminal threats (§ 422; counts 7, 8 & 9), and three counts of

intimidating a witness by force (§ 136.1, subd. (c); counts 10, 11 & 12). The jury found

true that defendant personally used a firearm (§ 12022.5, subd. (a)) during the

commission of all the offenses and that another person other than an accomplice was

present in the residence (§ 667.5, subd. (c)(21)) during the commission of the burglary.

The trial court sentenced defendant to an aggregate term of 53 years, eight months in

prison. On appeal, defendant contends the sentences imposed on his assault with a

firearm and criminal threats convictions should have been stayed pursuant to section 654.

He also argues that all of the offenses were part of the same indivisible course of conduct,

and therefore he can only be punished for one offense against each victim. Because

substantial evidence shows defendant harbored separate…