People v. Nemwan

Opinion

RUBIN, Acting P. J.

Defendant Michael A. Newman appeals from convictions of robbery, burglary and two counts of felony false imprisonment arising out of a single incident. He contends (1) there was insufficient evidence of the “violence” element of felony false imprisonment and (2) the trial court erred in staying sentence on only one and not both false imprisonment convictions pursuant to Penal Code section 654. The People contend the trial court erred in applying section 654 to even one of the two false imprisonment convictions. We affirm the conviction but remand for resentencing.

FACT…