P. v. Bradley
An amended information filed August 15, 2012, charged Bradley with assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1))[1] and criminal threats (§ 422, subd. (a)) and with allegations of priors. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) A jury found Bradley guilty of criminal threats. It found him not guilty of assault with a deadly weapon, but found him guilty of the lesser included offense of simple assault, in violation of section 240. Bradley waived his constitutional rights to both a jury and a court trial on his priors and admitted them as true.
On September 18, 2012, Bradley was sentenced to 11 years in state prison after the trial court denied his Romero[2] motion and his motion to reduce his criminal threats conviction to a misdemeanor. (§ 17, subd. (b)(1).) The trial court selected the upper term of three years as to the criminal threats conviction, doubled pursuant to the Three Strikes Law, and imposed an additional five years pursuant to section 667, subdivision (a)(1). It struck the section 667.5, subdivision (b), priors. As to the misdemeanor assault, Bradley was sentenced to time served. He received credit of 123 days in custody and 123 days for work time, for a total of 246 days custody credit.
Timely notice of appeal was filed September 18, 2012.
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