People v. Steffes CA2/4

INTRODUCTION

A jury convicted defendant and appellant Scott Steffes of two counts of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)1) and making a criminal threat (§ 422, subd. (a)). Defendant admitted that he suffered a prior conviction within the meaning of the “Three Strikes” law (§§ 667, subds. (b)-(i) & 1170.12, subds. (a)-(d)); section 667, subdivision (a)(1); and section 667.5, subdivision (b). The trial court sentenced defendant to 17 years, four months in state prison. On appeal, defendant contends that the trial court erred in failing to instruct the jury, sua sponte, on attempted criminal threat, a lesser included offense of criminal threat. The Attorney General contends that the abstract of judgment does not accurately reflect defendant’s sentence and the trial court failed to impose certain mandatory assessments and fees. We affirm the judgment and order the abstract of judgment modified as set forth below.

BACKGROUND2

Kimberly D. met defendant again after many years in September 2011, and dated him on and off for about five months. In April 2012, they began to date more regularly. On April 9, 2012, Kimberly moved…