P. v. Sanders CA2/4
Kamau Sanders appeals from his convictions for making criminal threats, assault with a deadly weapon, and petty theft. We reject his contentions that: there was insufficient evidence to support the criminal threats and assault convictions; the trial court erred by failing to instruct the jury on the lesser included offense of attempted criminal threats; the court erred by striking evidence that he was intoxicated and by not instructing on intoxication as a defense; and a proper waiver of rights was not taken before he admitted the truth of certain prior conviction allegations.
We agree with Sanders that: the court erred by imposing concurrent sentences for the assault and criminal threats counts and should have stayed sentence on one of them instead; the court erred by twice imposing a five-year sentence enhancement; and his custody credits were not properly calculated. We will modify the abstract of judgment to correct these errors and affirm the judgment as modified.
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