Kinnear

Filed 12/10/

CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B338040

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. v. 24CJCF00059)

DUSTIN JAMES KINNEAR,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Drew E. Edwards, Judge. Affirmed in part, reversed in part, and remanded with directions. Ashwini Mate, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Steven D. Matthews, Supervising Deputy Attorney General, and J. Michael Lehmann, Deputy Attorney General, for Plaintiff and Respondent. _______________________________ Dustin James Kinnear appeals from a judgment of conviction entered after a jury found him guilty of making criminal threats against a hotel manager, Niaz Kyoom. Kinnear contends the trial court erred by imposing the upper term for the offense and sentencing him as a second-strike offender under the three strikes law,1 because the court failed to advise Kinnear of…