Wilson

A jury convicted defendant Dana Lee Russell Wilson of one count of assault with a deadly weapon (count 1; Pen. Code, § 245, subd. (a)(1)) and three counts of making criminal threats (counts 2, 4, and 5; § 422). The jury further found that defendant personally used a deadly weapon (§ 12022, subd. (b)(1)) in connection with count 2, and that he committed a secondary offense while released on bail as to count 4 (§ 12022.1, subd. (b)). The court sentenced defendant to two years in prison on count 1 and imposed 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 is 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 contends his behavior amounted to a single violation of section 422. We agree and therefore reverse defendant’s conviction on count 5, but otherwise affirm the judgment.

FACTS

In counts 4 and 5, the…