California Court of Appeals, Second District, Sixth Division
Superior Court of Los Angeles County, No. BA438233, Leslie A.
[Copyrighted Material Omitted]
D. Sheehy, under appointment by the Court of Appeal, for
Defendant and Appellant.
D. Harris, Attorney General, Gerald A. Engler, Chief
Assistant Attorney General, Lance E. Winters, Assistant
Attorney General, Stephanie C. Brenan and Charles S. Lee,
Deputy Attorneys General, for Plaintiff and Respondent.
by Yegan, Acting P. J., with Perren and Tangeman, JJ.,
Cal.Rptr.3d 607] YEGAN, Acting P. J.
Mitchell appeals from the judgment entered after a jury
convicted him of simple assault (count 1; Pen. Code, §
240), assault with a deadly weapon
(scissors; count 2; § 245, subd. (a)(1)), second degree
robbery with personal use of a deadly weapon (scissors; count
3; § § 212.5, 12022, subd. (b)(1)), battery on a
peace officer (count 4; § 243, subd. (b)), and criminal
threats (count 5; § 422, subd. (a)). Appellant admitted
two prior prison term enhancements (§ 667.5, subd. (b))
and was sentenced to six years in state prison. We conclude
that the trial court erred in not staying the one-year
sentence on count 2 for assault with a deadly weapon (ADW)
pursuant to section 654. We reverse and remand for
morning of July 18, 2015, appellant entered the L.A. Smoke
Shop with a wooden stick. The store clerk, Marawan
Abdelfattah, had had problems with appellant in the past and
said: " Sir, you cannot be here. The owner said
you're not welcome here." Appellant brandished the
stick and said, " F[uck]
you and the owner." Appellant hit Abdelfattah on the
arm, breaking the stick. Appellant then pushed over a candy
display case and ...