People v. Yu CA3

I.

BACKGROUND

A discussion of the facts underlying defendant’s convictions is unnecessary. We summarize only the facts pertinent to the sentencing issues he raises in this appeal.2 Following a jury trial, defendant was convicted on one count of attempted torture (§§ 664/206), one count of assault with a deadly weapon (§ 245, subd. (a) (1)), two counts of criminal threats (§ 422, subd. (a)), two counts of felony child abuse (§ 273a, subd. (a)), assault with force likely to inflict great bodily injury (§ 245, subd. (a)(4), two counts of misdemeanor child abuse (§ 273a, subd. (b)), one count of false imprisonment (§ 236), two counts of attempt to dissuade a witness by force or threat (§ 136.1, subd. (c)(1)), four counts of dissuading a witness from reporting a crime (§ 136.1, subd. (b)(2)), two counts of violating a protective order (§ 166, subd. (c)(1)(a)), two counts of lewd or lascivious acts on a child under 14 (§ 288, subd. (a)), and three counts of forcible lewd or lascivious acts on a child under 14 (§ 288, subd. (b)(1)). In connection with count four, one of his criminal threat convictions, the jury found true that defendant personally used

2 On the court’s own motion, we…