P. v. Hanson
A jury convicted defendant Hans Derik Hanson (appellant) of several offenses, including assault with a deadly weapon and criminal threats, and he was sentenced to a total prison term of six years eight months. On appeal, he contends there was prejudicial error because a prosecution witness made reference to his postarrest invocation of his right to silence and the eight-month sentence imposed on the criminal threats charge must be stayed under section 654 of the Penal Code.[1] We conclude appellant’s section 654 claim has merit, and also direct the superior court to delete an indication in the abstract of judgment that the assault was a violent felony. In all other respects, we affirm.
Procedural Background
In May 2012, the Humboldt County District Attorney filed an information charging appellant with assault with a deadly weapon (§ 245, subd. (a)(1); count one); false imprisonment by violence (§ 236; count two); issuing criminal threats (§ 422; count three); and misdemeanor battery on a police officer (§ 243, subd. (b); count four). The information also alleged sentencing enhancements for seven prior prison terms (§ 667.5, subd. (b)).
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