People v. Rojas CA4/3

INTRODUCTION

Defendant Steve Castro Rojas appeals from the judgment of conviction entered after a jury found him guilty of assault with a deadly weapon, making criminal threats, vandalism, and battery. His sole argument on appeal is that the trial court erred by failing to stay execution of sentence on his conviction for making criminal threats under the version of Penal Code section 654, subdivision (a) that was in effect at the time of his sentencing hearing (former section 654(a)).1 We agree and remand the matter for resentencing. Insufficient evidence supports the trial court's implied findings that Rojas had different intents and objectives for the actions underlying his convictions for assault with a deadly weapon and making criminal threats. The trial court, therefore, erred by failing to stay execution as to the criminal threats conviction pursuant to former section 654(a). We otherwise affirm the judgment in its entirety.

FACTS2

During the early evening of November 3, 2019, Adrian Rubio arrived at a park in Santa Ana to meet up with his friend Carlos. While Rubio was seated on the curb near his car, Rojas and his girlfriend, who were about two cars away from…