P. v. Sparrow CA4/1
During a heated exchange with a stranger in a parking lot, Sparrow pulled out a box cutter and threatened to kill the victim. Rejecting his claim of self-defense, a jury convicted him of assault with a deadly weapon (§ 245, subd. (a)(1), count 1) and making a criminal threat (§ 422, count 2). Sparrow also admitted a prior serious felony conviction (§ 667, subd. (a)(1)) and strike prior (§ 667, subd. (b)−(i)). At sentencing, the trial court imposed an aggregate 12-year term consisting of a three-year middle term on the assault count, doubled for the strike, five years for the prior serious felony conviction, and one year in a separate probation revocation case (SCD277002). The seven-year sentence imposed on the criminal threat conviction in count 2 was stayed pursuant to section 654.
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