People v. Perkins CA2/2

FACTS AND PROCEDURAL BACKGROUND

In 1992, defendant was convicted of receiving stolen property. In 2009, defendant was convicted by plea of making criminal threats. (§ 422.)3 As part of his plea deal, he admitted three prior felony convictions for which he served time in prison; one of those prior convictions was his 1992 receiving stolen property conviction. The trial court sentenced defendant to nine years in state prison, comprised of six years for the criminal threats count and one year for each of the prior prison terms.

All further statutory references are to the Penal Code unless otherwise indicated.

People v. Valenzuela (2016) 244 Cal.App.4th 692, review granted March 30, 2016, S232900; People v. Ruff (2016) 244 Cal.App.4th 935, review granted May 11, 2016, S233201; People v. Carrea (2016) 244 Cal.App.4th 966, review granted April 27, 2016, S233011; People v. Williams (2016) 245 Cal.App.4th 458, review granted May 11, 2016, S233539.

Defendant was also charged with petty theft with a prior (§ 666), simple battery (§§ 242 & 243), and burglary (§ 459). Those charges were dismissed as part of his plea.

2 In 2015, defendant filed a motion to have his 1992…