People v. Casas CA4/2

I. INTRODUCTION

In May 2021, D.L. and K.S. encountered a man wielding what they believed to be

a gun during their stay at a short-term rental property. The man ordered D.L. and K.S. to

get on the ground and then proceeded to walk toward the main house located on the

property. D.L. and K.S. heard the sound of glass shattering, and it was subsequently

discovered that various items of value had been taken from the house.

As a result of this incident, defendant and appellant Christopher Arellano Casas

was convicted by a jury of one count of first degree burglary (count 1; Pen. Code, § 459)1

and two counts of assault with a deadly weapon (counts 2, 3; § 245, subd. (a)(1)). He

was also convicted of one count of assaulting a police animal (count 4; § 600, subd. (a))

related to events immediately prior to his arrest. Defendant was sentenced to an

aggregate term of eight years in state prison, which included the imposition of the upper

term of six years for the burglary (count 1) and consecutive, one-year terms for each

assault, representing one-third the middle term for these offenses (counts 2, 3).

In this appeal, defendant argues that (1) his convictions for assault with a…