P. v. Yang
Defendant Chang Yang pleaded no contest to first degree burglary (Pen. Code, 459) and making criminal threats (Pen. Code, 422). The trial court sentenced him to the upper term of six years for the burglary count and a consecutive eight month term for the criminal threats count.
On appeal, defendant contends the sentence for the criminal threats count should have been stayed pursuant to Penal Code section 654 and his upper term sentence violates Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403] (Blakely). Court agree that defendants sentence for making criminal threats should be stayed and otherwise affirm the judgment.
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