People v. Soto CA4/2

I.

INTRODUCTION

A jury found defendant and appellant Erick Soto guilty of assault with a deadly

weapon (Pen. Code1 § 245, subd. (a)(1); count 1) and criminal threats (§ 422, subd. (a);

count 2). The jury also found true that defendant used a deadly and dangerous weapon

(§ 12022, subd. (b)(1)) in the commission of count 2. The court sentenced defendant to a

total term of three years, eight months in state prison as follows: the middle term of three

years for count 1 and one-third of the middle term, or eight months, for count 2. The

court struck punishment for the weapon use enhancement. On appeal, defendant

contends the trial court erred by failing to stay his sentence on the criminal threats count

because the threats were indivisible from the assault. We disagree and affirm the

judgment.

II.

FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

In 2024, defendant and S.G. worked out consistently at the 24 Hour Fitness gym in

Apple Valley. Defendant and S.G. did not know each other but S.G. had seen him at the

gym before and had a prior interaction with him. Around April or May 2024, S.G. was

jumping rope when defendant threw an object at S.G.’s head. S.G.…