People v. Pillors CA3

BACKGROUND

On May 8, 2014, a complaint was filed alleging defendant had made a criminal threat while personally using a knife. (Pen. Code, §§ 422, 12022, subd. (b)(1).)1 The complaint also alleged misdemeanor offenses for unlawful use of force or violence and unlawfully exhibiting a deadly weapon in a threatening manner. (§§ 243, subd. (e)(1), 417, subd. (a)(1).) It was further alleged that defendant had two prior strike convictions. (§§ 667, subd. (e)(2)(c), 1170.12, subd. (c)(2)(C).) On June 19, 2014, defendant accepted the district attorney’s offer admitting the threat, the personal arming enhancement, and one of the prior strikes. In exchange for his plea, the misdemeanors and the second prior strike were dismissed and it was agreed defendant would receive the low term of 16 months, doubled, and an additional year for the enhancement. The court imposed sentence the same day in accordance with the agreement, resulting in an aggregate term of three years eight months in state prison. It also imposed various fines and fees and awarded defendant 89 days of presentence conduct credit. The record does not contain a detailed recitation of the facts underlying defendant’s offense.…