P. v. Alvarez
Roy Rios Alvarez was convicted by a jury of assault with a deadly weapon (count one) and attempted criminal threat (count two). Allegations of prior convictions were found true by the trial court, and Alvarez was sentenced to 42 years to life in state prison. On appeal, Alvarez contends the evidence was insufficient to sustain his conviction for attempted criminal threat, his sentence violates constitutional prohibitions on cruel and unusual punishment, and the abstract of judgment must be corrected to comport with the courts oral pronouncement of concurrent rather than consecutive sentences on counts one and two. We agree that the abstract of judgment should be corrected, but otherwise affirm the judgment.
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