The Second Appellate district affirmed a judgment as modified. The court held that a criminal street gang member who was sentenced to determinate prison terms for robbery and felony assault and a consecutive indeterminate term for witness dissuasion with a gang enhancement should have had the term for robbery stayed pursuant to Penal Code §654.
Edward Galvez, Anthony Garibay, Juan Alcala, and others attacked William V. and his three companions outside a restaurant in Carpinteria. V. was kicked in the head, side, and leg and punched in the face. Charles McChesney, an off-duty law enforcement officer, witnessed the attack and called 911 on his cell phone. One of the attackers asked McChesney if he was calling the police. McChesney said that he was, and he was then himself attacked by Galvez, Garibay, Alcala, and others. McChesney sustained serious injuries that required surgery.
