People v. Paynter CA3

BACKGROUND

Due to the limited scope of issues presented on appeal, a full recital of the facts is unnecessary. It suffices to say that, according to the victim, defendant had been “continually harassing and threatening him.” The victim reported that things came to a head the night of December 27, 2020, when defendant threatened to kill the victim and

1 his family and burn their house down, threw rocks at the victim’s house, and picked up a branch and raised it over his head to hit the victim. Defendant pleaded guilty to making criminal threats and admitted a prior serious felony allegation. The trial court sentenced defendant to eight years in prison and imposed a $30 conviction assessment (Gov. Code, § 70373), a $40 court operations assessment (Pen. Code, § 1465.8),1 a $600 restitution fine (§ 1202.4, subd. (b)), and a $600 parole revocation restitution fine, stayed pending successful completion of parole (§ 1202.45). According to the presentencing probation report, defendant was then 40 years old, homeless, unemployed, addicted to drugs, and diagnosed with schizophrenia. However, he worked every day “doing odd jobs for several elderly people” and was “earning enough money to…