California v. Wilson
Annotate this CaseA jury convicted defendant Dana Wilson of one count of assault with a deadly weapon (count 1) and three counts of making criminal threats (counts 2, 4, and 5). The jury further found that defendant personally used a deadly weapon in connection with count 2, and that he committed a secondary offense while released on bail as to count 4. The court sentenced defendant to two years in prison on count 1 and concurrent 16 month sentences on counts 2, 4, and 5. The court struck the weapon allegation on count 2 and the out-on-bail allegation on count 4. The only issue raised on appeal was whether defendant should have been convicted of and punished for two counts of making criminal threats (counts 4 & 5) based on a single 15 minute incident during which defendant continuously menaced the victim and (at least) twice threatened to kill the victim and his family. Defendant argued his behavior amounted to a single violation. After review, the Court of Appeal agreed and reversed defendant’s conviction on count 5, but affirmed the judgment in all other respects.
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