P. v. Olson
A jury convicted defendant Eric Charles Olson of one count of issuing a criminal threat (Pen. Code, § 422),[1] three counts of misdemeanor assault (§ 240), and one count of misdemeanor exhibiting a deadly weapon (§ 417, subd. (a)(1)). With enhancements for two prior serious felony convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and three prior prison terms (§ 667.5, subd. (b)), the trial court sentenced defendant to a state prison term of 28 years to life. Jail sentences for the misdemeanor convictions were ordered to run concurrently.
Defendant appeals, contending (1) insufficient evidence supports his conviction of issuing a criminal threat, (2) the trial court erred by failing to instruct on the lesser included offense of attempted criminal threat (§§ 664, 422), and (3) under section 654, the trial court should have stayed the sentences for defendant's convictions of assault and exhibiting a weapon (§§ 240, 417, subd. (a)(1)), committed against R.S.
We shall modify the judgment to stay the sentence for exhibiting a deadly weapon. (§ 417, subd. (a)(1).) In all other respects, Court shall affirm.
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