People v. Cook CA3

BACKGROUND

The Crimes On a camping trip, defendant attacked his female companion and another couple with a hatchet. When the three tried to escape in a truck, defendant followed in his truck and repeatedly rammed the victims’ truck. Defendant threatened to kill two of the three victims during the attacks. Resentencing At the resentencing hearing, the trial court set the assault count in count I as the principal term and imposed the midterm of 36 months. On count II, criminal threats to the victim in count I, the court imposed a 24-month midterm, stayed pursuant to section 654. For count III, another assault count, the trial court stated, “it’s a separate victim, so it’s concurrent time. We go with one-third the midterm there, which is an additional 12 months consecutive to the 36-month principal term.” Defense counsel asked, “That’s 12 months consecutive, your Honor?” The trial court replied, “It is.” The trial court then went to count IV and said, “assault with a hatchet, different victim. Again, this would be a concurrent sentence because of the different victim. We select the midterm, take one-third of the midterm, that’s 12 months concurrent to the 36- month principal and the…