P. v. Perez
Appellant was convicted after jury trial of misdemeanor assault with a great bodily injury enhancement, battery resulting in serious bodily injury and making a criminal threat. (Pen. Code, 240; 12022.7; 243, subd. (d); 422.) The court reduced the criminal threat conviction to a misdemeanor. It sentenced appellant to the upper term of four years for the battery, citing recidivism-based aggravating factors. Concurrent jail terms of one year for the misdemeanor criminal threat and 180 days for the misdemeanor assault were imposed and stayed.
Appellant contends that the evidence is insufficient to support the misdemeanor threat conviction and assigns imposition of the upper term as prejudicial Blakely/Crawford error. Both arguments fail; court affirm.
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