P. v. Garzon CA2/1

Filed 5/24/13 P. v. Garzon CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, B240633

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA093699) v.

WILLIAM WESLEY GARZON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Steven D. Blades, Judge. Affirmed in part and reversed in part with directions. ______ Ava R. Stralla, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Victoria B. Wilson and Seth P. McCutcheon, Deputy Attorneys General, for Plaintiff and Respondent. ______

An amended information, filed on March 12, 2012, charged William Wesley Garzon with five counts: (1) murder (Pen. Code, § 187, subd. (a)); (2) driving under the influence of any alcoholic beverage or drug (Veh. Code, § 23152, subd. (a)); (3) driving with a blood alcohol percentage of .08 percent or higher (Veh. Code, § 23512, subd. (b)); (4) driving with knowledge of a suspended license (Veh. Code, § 14601.5, subd. (a)); and (5) gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)). The amended information specially alleged that Garzon had prior convictions for driving under the influence of alcohol and driving with a blood alcohol percentage of .08 percent or higher (Veh. Code, § 23512, subds. (a) & (b)), once in 2008 and again in 2010, and a prior conviction for driving with knowledge of a suspended license (Veh. Code, § 14601.5, subd. (a)). After trial, the jury found Garzon guilty on counts 2 through 5 and found true the special allegations regarding his prior convictions. The jury was unable to reach a verdict on count 1, and the trial court dismissed that count without prejudice. The court sentenced Garzon to a state prison term of 16 years 348 days to life, consisting of 15 years to life for gross vehicular manslaughter while intoxicated, with prior convictions under Vehicle Code section 23512, plus a consecutive one-year term for driving with knowledge of a suspended license and 348 days for a probation violation. The court imposed one-year prison terms for the convictions for driving under the influence of any alcoholic beverage or drug and driving with a blood alcohol percentage of .08 percent or higher but stayed execution of those sentences pursuant to Penal Code section 654 (section 654). On appeal, Garzon does not challenge his convictions but argues that the trial court erred by failing to stay pursuant to section 654 execution of sentence of the one-year term imposed for driving with knowledge of a suspended license. We disagree. A defendant may be convicted of, but not punished for, more than one crime arising out of the same course of conduct. (Pen. Code, §§ 954, 654.) Under section 654, subdivision (a), “[a]n act or omission that is punishable in different ways by different provisions of law shall be punished under the provision that provides for the longest potential term of imprisonment, but in no case shall the act or omission be punished