People v. Crow CA5

Filed 11/24/20 P. v. Crow CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F079860 Plaintiff and Respondent, (Super. Ct. No. F13910098) v.

JAMES LEE CROW, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Fresno County. Jane Cardoza, Judge. Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Meehan, J. and Snauffer, J.

FACTS AND PROCEDURAL HISTORY James Lee Crow (defendant) assaulted and threatened his girlfriend over a two- day period in June 2013. After he was arrested, he repeatedly called the victim from jail and ordered her to avoid the investigators and not to appear in court. As a result, defendant was charged in an amended information with assault by means of force likely to produce great bodily injury (Pen. Code,1 § 245, subd. (a)(4); count 1), battery (§ 243, subd. (e)(1); counts 2 & 6), assault with a deadly weapon (§ 245, subd. (a)(1); count 3), making a criminal threat during the commission of which he personally used a deadly or dangerous weapon (§§ 422, 12022, subd. (b)(1); count 4), dissuading a witness by force or threat (§ 136.1, subd. (c)(1); count 5), and dissuading a witness from prosecuting a crime (id., subd. (b)(2); counts 7-11). On January 23, 2014, a jury convicted defendant as charged. He was found to have suffered five prior strike convictions (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and a prior serious felony conviction (§ 667, subd. (a)(1)), and to have served a prior prison term (§ 667.5, former subd. (b)). Defendant was sentenced to a total of 38 years plus 175 years to life in prison, and ordered to pay various fees, fines, and assessments. On appeal, this court affirmed defendant’s convictions, but concluded the sentence on certain counts should have been stayed pursuant to section 654. Accordingly, we modified the sentence to a term of 75 years to life plus 18 years. On or about April 3, 2019, the California Department of Corrections and Rehabilitation advised the trial court of potential errors in the second amended determinate abstract of judgment. It also questioned the court’s calculation of the determinate term imposed on count 1.