People v. Yu CA3

Filed 3/12/26 P. v. Yu CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Placer) ----

THE PEOPLE, C102920

Plaintiff and Respondent, (Super. Ct. No. 62166376)

v.

ANTHONY YU,

Defendant and Appellant.

Defendant Anthony Yu appeals from his resentencing following remand from this court. In his second appeal, defendant contends the trial court erred when it imposed the full term for his attempted torture conviction (Pen. Code, §§ 664/206)1 and when it imposed the full one-year weapon-use enhancement (§ 12022, subd. (b)(1)), on his criminal threat conviction (§ 422, subd. (a)) instead of one-third the enhancement. He

1 Undesignated statutory references are to the Penal Code.

1

also contends the trial court failed to calculate his credits for actual days in custody and requests that we remand with instructions for the court to do so. We agree the trial court erred when it imposed the full one-year term for the enhancement and will modify the judgment to reflect a term of four months. Our review of the record also disclosed an error in the abstract of judgment for fees imposed. We will modify the judgment to correct the error. We will also order a limited remand for the trial court to calculate defendant’s credits for actual days in custody and direct the court to amend the abstract of judgment to reflect the corrected credits and fees. I. BACKGROUND A discussion of the facts underlying defendant’s convictions is unnecessary. We summarize only the facts pertinent to the sentencing issues he raises in this appeal.2 Following a jury trial, defendant was convicted on one count of attempted torture (§§ 664/206), one count of assault with a deadly weapon (§ 245, subd. (a) (1)), two counts of criminal threats (§ 422, subd. (a)), two counts of felony child abuse (§ 273a, subd. (a)), assault with force likely to inflict great bodily injury (§ 245, subd. (a)(4), two counts of misdemeanor child abuse (§ 273a, subd. (b)), one count of false imprisonment (§ 236), two counts of attempt to dissuade a witness by force or threat (§ 136.1, subd. (c)(1)), four counts of dissuading a witness from reporting a crime (§ 136.1, subd. (b)(2)), two counts of violating a protective order (§ 166, subd. (c)(1)(a)), two counts of lewd or lascivious acts on a child under 14 (§ 288, subd. (a)), and three counts of forcible lewd or lascivious acts on a child under 14 (§ 288, subd. (b)(1)). In connection with count four, one of his criminal threat convictions, the jury found true that defendant personally used