People v. Vasques CA3

Filed 8/20/21 P. v. Vasques CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE, C091772

Plaintiff and Respondent, (Super. Ct. No. P19CRF0353)

v.

DANIEL ABLE VASQUES,

Defendant and Appellant.

A jury found defendant Daniel Able Vasques guilty of assault with a knife, making criminal threats, and brandishing a knife. The trial court sentenced defendant to an aggregate term of four years eight months in state prison. On appeal, defendant argues, and the People agree, that the trial court should have stayed sentencing on defendant’s conviction for making criminal threats. We agree.

1

FACTS AND HISTORY OF THE PROCEEDINGS In August 2019, defendant was staying in his brother’s apartment. While drinking alcohol, defendant and his brother got into an argument. During the argument, defendant took a large carving knife from the kitchen, held it inches from his brother’s eye, and threatened to cut his eye out. Scared, defendant’s brother tried not to move. After about a minute, defendant put the knife down and left the apartment. Defendant’s brother called the police. The People subsequently charged defendant with assault with a knife (Pen. Code, § 245, subd. (a)(1) - count one; statutory section references that follow are to the Penal Code), making criminal threats (§ 422 - count two), and misdemeanor exhibiting a knife in a threatening manner (§ 417, subd. (a)(1) - count three). The People also alleged defendant served a prior prison term (§ 667.5) and was on probation for his conviction in a 2016 vandalism case when he committed the crimes alleged. A jury found defendant guilty on all counts, and defendant admitted the truth of the prior prison term allegation. The trial court sentenced defendant to an aggregate term of four years eight months in state prison: four years for assault with a knife and a consecutive eight-month term for making criminal threats. The court imposed a 30-day sentence on the misdemeanor charged but stayed that sentence under section 654. The court also revoked defendant’s probation and sentenced him to a concurrent two-year term on his 2016 conviction for vandalism.