People v. Vasques CA3

FACTS AND HISTORY OF THE PROCEEDINGS

In August 2019, defendant was staying in his brother’s apartment. While drinking alcohol, defendant and his brother got into an argument. During the argument, defendant took a large carving knife from the kitchen, held it inches from his brother’s eye, and threatened to cut his eye out. Scared, defendant’s brother tried not to move. After about a minute, defendant put the knife down and left the apartment. Defendant’s brother called the police. The People subsequently charged defendant with assault with a knife (Pen. Code, § 245, subd. (a)(1) - count one; statutory section references that follow are to the Penal Code), making criminal threats (§ 422 - count two), and misdemeanor exhibiting a knife in a threatening manner (§ 417, subd. (a)(1) - count three). The People also alleged defendant served a prior prison term (§ 667.5) and was on probation for his conviction in a 2016 vandalism case when he committed the crimes alleged. A jury found defendant guilty on all counts, and defendant admitted the truth of the prior prison term allegation. The trial court sentenced defendant to an aggregate term of four years eight months in state prison:…