People v. Parsons CA1/3

Filed 2/28/14 P. v. Parsons CA1/3 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, Plaintiff and Respondent, A137501 v. BRIAN CHARLES PARSONS, (Contra Costa County Super. Ct. No. 5-100801-0) Defendant and Appellant.

Defendant Brian Charles Parsons was charged in an information with multiple counts and related sentence enhancements arising from several incidents including his attempt to steal two vehicles and his successful theft of a third vehicle. Before trial, defendant pleaded no contest to resisting arrest (Pen. Code, § 691) (counts seven, eight, eleven, and twelve) and misdemeanor battery (§§ 242, 243, subd. (a)) (count ten). After a jury trial, defendant was convicted of mayhem (§ 203) (count one – victim Shannon Biggs); carjacking (§ 215, subd. (a)) (count two -victim Shannon Biggs) with a related great-bodily-injury enhancement (§ 12022.7, subd. (a)); carjacking (§ 215, subd. (a)) (count three-victim Brian Liang); assault with a deadly weapon (car) (§ 245, subd. (a)(1)) (count four- victim Shannon Biggs) with a related great-bodily-injury enhancement (§§ 12022.7, subd. (a)); assault with a deadly weapon (car) (§ 245, subd. (a)(1)) (count five-victim Brian Liang); second-degree vehicle burglary (§§ 459, 460, subd. (b)) (count six – victim John Jones); and attempt to unlawfully drive or take a vehicle (§ 664; Veh.

1 All further unspecified statutory references are to the Penal Code.

1

Code, § 10851, subd. (a)) (count nine –victim Joshua Schultz). The jurors reported a deadlock resulting in a mistrial relating to great-bodily-injury enhancements as to counts three and five. At a bench trial, the court found true allegations that defendant had sustained a prior strike conviction and was not eligible for probation having been on parole for a felony conviction at the time of the current offenses and having sustained two prior felony convictions (§§ 667, subds. (a)(1), (b) – (i), 1170.12, 1203, subd. (e)(4), 1203.085, subd. (b)). The trial court sentenced defendant to an aggregate term of 26 years, consisting of consecutive terms of 13 years for count two, three years and four months for count three, one year and four months for count six, one year and four months for count seven, one year and four months for count eleven, eight months for count nine, and five years for the prior strike conviction enhancement. The court also imposed concurrent terms of four years for count one, three years for count four, three years for count five, two years for count eight, two years for count twelve, and 90 days in county jail with credit for time served for count ten. The court imposed but stayed a sentence of four years on the related great-bodily-injury enhancement for count four. On appeal defendant’s sole argument is that the trial court erred by failing to stay the sentences imposed on the mayhem (count one) and the assault (counts four and five) convictions, pursuant to section 654. We conclude defendant’s contention is without merit, and accordingly, we affirm. FACTS2 At the jury trial held in October 2012, Shannon Biggs testified that on September 5, 2009, she and her husband Brian Liang, landed at an airport having flown there in their privately-owned plane. Once on the ground, Liang and Biggs were given one of the airfield’s crew cars, a Toyota Camry, to use during their stay in the area. Liang loaded luggage into the car and parked it in the airfield’s parking lot while Biggs took care of the plane on the airstrip. Liang then walked and met Biggs on the airstrip 2 We set forth only those facts necessary to resolve the sentencing issue raised on this appeal.