People v. Thomas CA4/2

INTRODUCTION

A jury convicted defendant and appellant Melinda Kay Thomas of attempted

criminal threats (Pen. Code,1 §§ 644, 422, count 1) and found that she was armed with a

firearm in the commission of the crime (§ 12022, subd. (a)(1)). It also found her guilty of

two counts of possession of a firearm by a felon (§ 29800, subd. (a)(1), counts 2 & 3) and

one count of unlawful possession of ammunition (§ 30305, subd. (a)(1), count 4). A trial

court found that defendant had one prior strike conviction (§ 667, subds. (b)-(i)), one

prior serious felony conviction (§ 667, subd. (a)), and two prison priors (§ 667.5,

subd. (b)). In October 2018, the court sentenced her to 16 years in state prison.

Defendant appealed, and this court amended the sentence on the firearm

enhancement attached to count 1 from one year to four months and struck the two prison

priors. We also remanded the case to the sentencing court to determine whether the five-

year term on defendant’s prior serious felony conviction should be stricken in the

interests of justice. (People v. Thomas (Mar. 26, 2020, E071359) [nonpub. opn.].) The

trial court denied defendant’s request to strike the five-year…