P. v. Frazier
Defendant appeals from the judgment of conviction after a jury found him guilty of making a criminal threat (Pen. Code, 422; count 1), brandishing a deadly weapon ( 417, subd. (a)(1); count 4), and resisting arrest. ( 148, subd. (a)(1); count 5.) The jury also found true a prior prison term allegation. ( 667.5, subd. (b).) The trial court struck the prior prison term enhancement and imposed a prison term of two years on count one, 60 days on count four and 30 days on count five, both counts to run consecutively to count one and to each other.
On appeal, defendant raises a Miranda claim contending that introduction of his in-custody statement to a law enforcement officer was prejudicial error. He also contends imposition of consecutive sentences on counts four and five violate section 654s proscription against multiple punishment.
Court find no error and affirm the judgment.
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