In Re Ponce

Petitioner attacks a judgment imposing concurrent sentences for two first degree robberies and a kidnaping for the purpose of robbery and expressly adjudging that petitioner is an habitual criminal who should be punished under Penal Code section 644, subdivision (a). The judgment was affirmed in People v. Ponce (1950) 96 Cal.App.2d 327 [215 P.2d 75].

Petitioner contends and the Attorney General concedes that, as established by the undisputed facts recited in People v. Ponce, supra, Penal Code section 654 3 precludes punishing petitioner for both the robbery and the kidnaping of Louis Pitzel.…