People v. Fain

Opinion

BROUSSARD, J.

Defendant appeals a conviction of three counts of assault with a deadly weapon, arising out of an incident in June 1978, in which he recovered at gunpoint money he had lost in a poker dice game. The trial court sentenced him to six years imprisonment, the term to run consecutively to a sentence of life imprisonment (with possibility of parole) defendant was then serving for second degree murder in Nevada. Defendant contends, and we agree, that under Penal Code section 669, as it read in 1978, his California sentence should run concurrently to his Nevada life term.…