P.

I. INTRODUCTION

Defendant David Jennings was convicted after jury trial of making a criminal threat (Pen. Code, § 422),1 assault with a deadly weapon (§ 245, subd. (a)(1)), assault by means of force likely to produce great bodily injury (former § 245, subd. (a)(1)), and simple assault (§ 240). The jury also found true the allegations that defendant personally used a deadly and dangerous weapon in the commission of the criminal threat and assault with a deadly weapon offenses. (§§ 667, 1192.7, 12022, subd. (b)(1).) The trial court sentenced defendant to four years in prison, with 318 days of presentence credits. On appeal, defendant contends that 1) the prior testimony of a witness should not have been admitted at trial, 2) the court should have instructed the jury on the lesser included offense of attempted criminal threat, 3) the punishment on the criminal threat

1 All further statutory references are to the Penal Code unless otherwise indicated. count should have been stayed under section 654, and 4) he is entitled to additional presentence credit under the October 2011 version of section 4019. For reasons that we will explain, we conclude that the trial court did not err in…