P. v. Hammond
Defendant Robert Allen Hammond was charged with assault with a deadly weapon (Pen. Code,[1] § 245, subd. (a)(1)) with a special allegation that he personally used a deadly weapon in the commission of the offense (§ 969f), two counts of making criminal threats (§ 422) with a special allegation that defendant personally used a deadly weapon during the commission of the offenses (§ 12022, subd. (b)(1)), dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)), assault by means likely to produce great bodily injury (§ 245, subd. (a)(1)), corporal injury to a spouse (§ 273.5, subd. (a)), and resisting a peace officer (§ 148, subd. (a)(1)). Prior to trial, defendant pled no contest to the resisting arrest charge. After trial, the jury found defendant guilty of the criminal threats and dissuading a witness charges, but found defendant not guilty of the remaining charges and allegations. The jury also acquitted defendant of all lesser included offenses with the exception of simple assault (§ 240) as it related to the assault by means likely to produce great bodily injury charge; as to that lesser offense, the jury declared it was hopelessly deadlocked and the trial court declared a mistrial. The prosecution subsequently dismissed that count.
The trial court sentenced defendant to a total term of three years four months, consisting of a two-year term for one of the criminal threats charges and consecutive eight-month sentences for each of the remaining charges. Execution of the sentence was suspended and defendant was placed on probation for a three-year term with the condition that he serve 365 days in the county jail.
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