P. v. Clay
Defendant Dennis Ray Clay appeals from a judgment of conviction entered after a jury found him guilty of assault with intent to commit a felony (Pen. Code, 220)[1]and making a criminal threat ( 422) and found true the allegation he personally used a handgun in the commission of the assault ( 12022.53, subd. (b)). The trial court found true the allegation defendant suffered a prior conviction for which he served a prison term ( 667.5, subd. (b)). The court sentenced defendant to the upper term of 6 years in state prison for the assault and a consecutive term of 10 years for the handgun use. It imposed concurrent 1-year terms for the criminal threat and the prior prison term. On appeal, defendant challenges the handgun use enhancement and the sentence imposed. Court modify the sentence and affirm.
Comments on P. v. Clay