P. v. Melgar
A jury convicted defendant and appellant Miguel Angel Melgar of vandalism causing over $400 of damage (Pen. Code, 594, subd. (a)[1]) and assault with a deadly weapon, a sword ( 245, subd. (a)(1)). The jury was unable to reach a verdict on charges that defendant made a criminal threat ( 422) and committed a second assault with the same deadly weapon ( 245, subd. (a)(1)). The trial court sentenced defendant to the middle term of three years for his assault with a deadly weapon conviction and to a consecutive eight-month term for his vandalism conviction. The trial court dismissed the two counts on which the jury was unable to reach a verdict. On appeal, defendant contends that the trial court abused its discretion in imposing a prison term rather than granting him probation. Court affirm the judgment.
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