P.

INTRODUCTION

On December 9, 2010, an information charged defendant and appellant William

Earl Wade with criminal threats under Penal Code section 422 (count 1), and dissuading

a witness from testifying under Penal Code section 136.1, subdivision (a)(1), (count 2).

The information also alleged that defendant had suffered a prior conviction under Penal

Code sections 1170.12, subdivisions (a) through (d), and 667, subdivisions (b) through

(i).

On December 21, 2010, defendant pled not guilty to all counts. On February 4,

2011, jury trial commenced. On February 15, 2011, defendant‟s motion pursuant to

Penal Code section 1118.1, to dismiss count 1, was denied. On February 16, 2011, the

jury found defendant guilty on both counts, and on March 25, 2011, defendant admitted

the prior allegation charged in the information.

On April 22, 2011, the trial court denied probation and sentenced defendant to

prison for six years as follows: on count 1—the upper term of three years, doubled under

Penal Code section 1170.12; and count 2—365 days in county jail to run concurrent to

count 1. The court ordered defendant to pay various fines and fees, and awarded

defendant 285 days of…