P. v. Tolivert
During a five-year relationship with his girlfriend, defendant and appellant, Brandon Tolivert, engaged in ongoing violence and threats against her. A jury convicted defendant of 11 criminal offenses:[2] counts 1 and 2, assault with a deadlyweapon (§ 245, subd. (a)(1)); count 3, making criminal threats (§ 422);[3] count 4, first degree burglary (§§ 459/460);count 5, stalking (§646.9, subd. (b)); counts 6 through 10, making criminal threats (§ 422); and count 13, violating a court order (§ 273.6,subd. (a).)The trial courtsentenced defendant to an aggregate term of nine years eight months in state prison.[4]
On appeal, defendant challenges various aspects of his sentence. He contends the court should not have imposed consecutive sentences on counts 1 and 3—assault with a deadly weapon and making criminal threats—and that his sentence on count 5 for stalkingshould have been stayed. As for counts 7 through 10, he argues his convictions should be reversed or, in the alternat
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