People v. Cresham CA2/8

Filed 2/17/23 P. v. Cresham CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B320204

Plaintiff and Respondent, Los Angeles County Super. Ct. No. MA075346 v.

WILLIAM MARTIN CRESHAM,

Defendant and Appellant.

APPEAL from an order of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed.

Patrick J. Hoynoski, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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We review this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm. On February 5, 2019, the People filed a four-count information against appellant. Count 1 charged assault by means likely to produce great bodily injury, a violation of Penal Code1 section 245, subdivision (a)(4). Count 2 charged criminal threats, a violation of section 422. Counts 3 and 4 charged misdemeanor contempt of court, violations of section 166, subdivision (c)(1). As to Counts 1 and 2, the information alleged appellant was previously convicted of two serious and/or violent felonies and suffered two prison priors in violation of sections 447 subdivisions (b) through (j) and 665.5. As to Count 2, the information also alleged appellant suffered two prior serious felony convictions in violation of section 667, subdivision (a)(1). On May 3, 2019, a jury convicted appellant of all four counts and, in a bifurcated bench trial, the court found appellant had sustained the prior convictions and prison priors as alleged. At sentencing on December 19, 2019, the trial court struck the five-year prison priors alleged as to Count 1. The court imposed eight years in state prison on Count 1: the upper term of four years doubled pursuant to section 667, subdivision (e)(1). It sentenced appellant to 25 years to life on Count 2. It added two 5-year prison priors as to Count 2, for a total aggregate term of 25 years to life plus 18 years. Appellant was also sentenced on Counts 3 and 4 to concurrent time. On June 11, 2021, this court affirmed the convictions and sentence. (People v. Cresham (June 11, 2021, B303803) [nonpub. opn.].)