People v. Pleasant CA5

Filed 7/24/14 P. v. Pleasant CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F067102 Plaintiff and Respondent, (Super. Ct. No. CRM022849) v.

TERRY KEITH PLEASANT, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Ronald W. Hansen, Judge. Derek K. Kowata, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Stephen G. Herndon and Henry J. Valle, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Kane, Acting P.J., Detjen, J. and Peña, J.

A jury convicted appellant Terry Keith Pleasant of making criminal threats (Pen. Code, § 422;1 count 1), battery resulting in infliction of serious bodily injury (§ 243, subd. (d); count 3), assault by means of force likely to cause great bodily injury (§ 245, subd. (a)(4); count 4), and misdemeanor false imprisonment (§§ 236, 237, subd. (a)), a lesser included offense of false imprisonment by violence or menace, a felony (§§ 236, 237, subd. (a), 1170, subd. (h)), charged in count 2. In a separate proceeding, the court found true enhancement allegations that appellant had served four separate prison terms for prior felony convictions (§ 667.5, subd. (b)). The court imposed a prison term of eight years, consisting of the four-year upper term on appellant’s battery conviction and one year on each of the four prior prison term enhancements. On counts 1 and 4, the court imposed, and stayed pursuant to section 654, respectively, terms of three and four years. The court imposed a concurrent six-month term on appellant’s misdemeanor false imprisonment conviction. On appeal, appellant contends the imposition of sentence on both the battery and false imprisonment convictions violated the section 654 proscription against multiple punishment. We affirm. FACTS2 Background At the time of trial, Michelle Turner had known appellant for approximately 23 years.3 She had been married to his brother. She had not seen appellant in approximately 10 years, when, in February 2012, he came to her door. Appellant’s mother had recently died, and Turner, in an effort to “be a friend,” at first allowed him to stay with her.