P. v. Nguyen
A jury convicted defendant Henry Nguyen of two counts of making criminal threats. (Pen. Code 422.)[1] Count 1 alleged threats against defendants wife, T., and count 2 alleged threats against defendants daughter, N. The jury also found true the allegation that defendant had personally used a firearm in connection with the threats against his wife. Defendant was sentenced to two years for count 1, and three years for the attendant firearm use enhancement. The court imposed a consecutive eight-month term (one-third the midterm of two years) for the second count against N.
Defendant does not challenge the sufficiency of the evidence on count 2. However, he does argue that the eight-month consecutive sentence on count 2 violates section 654 because the criminal threat charged in count 2 is not a violent crime. Court affirm.
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