People v. Mitchell
Annotate this CaseDefendant was convicted of simple assault, assault with a deadly weapon, second degree robbery with personal use of a deadly weapon (scissors), battery on a peace officer, and criminal threats. Defendant admitted two prior prison term enhancements and was sentenced to six years in state prison. The court reversed and remanded for resentencing, concluding that the trial court erred in not staying the one-year sentence for the assault with a deadly weapon (ADW) count pursuant to Penal Code 654. Section 654 prohibits multiple punishment for a single act that violates different provisions of law. In this case, the armed assault with scissors was incidental to and facilitated the armed robbery with scissors.
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