People v. Wyatt CA2/4

INTRODUCTION

Appellant Keith Robert Wyatt was convicted by jury of two counts of criminal threats (Pen. Code, § 422, subd. (a); counts 1 & 2)1 with personal use of a knife (§ 12022, subd. (b)(1)) and one count of vandalism over $400 (§ 594, subd. (a); count 4). He was acquitted of one count of assault with a deadly weapon (§ 245, subd. (a)(1); count 3). He admitted that he had suffered two prior “strike convictions” (§§ 667, subds. (b)-(j), 1170.12). The court struck the two prior strike convictions, and sentenced appellant to four years, eight months in state prison. On appeal, Wyatt contends: (1) the evidence is insufficient to support the enhancement findings in counts 1 and 2 that he used a deadly or dangerous weapon, and (2) the trial court erred in instructing the jury that the damage caused by separate acts of vandalism could be aggregated to reach the felony threshold exceeding $400 (he requests this court to reverse the conviction of felony vandalism and reduce it to a misdemeanor (§ 594 subd. (b)(1))). We are not persuaded and affirm the judgment.

BACKGROUND

Linda Thompson lived in unit 204 in an apartment complex on West 78th Street in Los Angeles. Around 12:00 p.m.…