People v. Carbajal CA3

Filed 2/21/14 P. v. Carbajal CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C073292

Plaintiff and Respondent, (Super. Ct. No. 12F05126)

v.

ANGEL MERCADO CARBAJAL,

Defendant and Appellant.

A jury found defendant Angel Mercado Carbajal guilty of threatening to commit a crime that would result in death or great bodily injury (Pen. Code, § 422, subd. (a)) and found that he personally used a deadly weapon, a machete (Pen. Code, § 12022, subd. (b)(1)), in the commission of the offense. The jury acquitted defendant of another count of that offense and deadlocked on a count of assault with a deadly weapon. (Pen. Code, § 245, subd. (a)(1).) Defendant admitted allegations that he had a prior serious felony conviction (Pen. Code, §§ 667, subds. (a), (b)-(i), 1170.12) and had served a prior prison

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term (Pen. Code, § 667.5, subd. (b)). He was sentenced to prison for 12 years, consisting of six years (twice the upper term) for criminal threats, five years for the prior serious felony, and one year for the prior prison term. The mistried count was dismissed in the interest of justice. Defendant was ordered to pay, among other things, a $340.01 booking fee and a $62.09 classification fee. On appeal, defendant contends the matter must be remanded for resentencing because the trial court mistakenly believed it had no discretion with respect to imposition of the booking and classification fees. We affirm the judgment.

FACTS AND PROCEEDINGS

The facts of defendant’s offense are not at issue and may be briefly stated. Defendant resided in south Sacramento. In December 2011, he stood in the front yard of his next door neighbor’s residence swinging a long knife and yelling. After retreating to his house, he reemerged and again swung the knife. Defendant told his neighbor that he wanted to cut him “like this,” and motioned to the knife. Sacramento City Police officers arrested defendant and transported him to the Sacramento County Jail.