People v. Hair CA5

BACKGROUND

On November 16, 2018, defendant argued with his employer, claiming the employer owed him money for some work. During the argument, defendant displayed a handgun and threatened to shoot the employer. Then defendant got in his car and left the property. On March 11, 2019, the Kern County District Attorney filed an information charging defendant with criminal threats (Pen. Code, § 422;1 count 1) and misdemeanor brandishing a firearm (§ 417, subd. (a)(2); count 2). On October 13, 2020, the trial court granted defendant pretrial mental health diversion pursuant to section 1001.36. On October 29, 2021, the trial court found defendant was not in compliance with the terms and conditions of the diversion program. The court reinstated criminal proceedings. On July 8, 2022, defendant pled no contest to count 1 in return for two years of probation with 180 days in county jail. On August 23, 2022, the trial court suspended imposition of sentence and granted defendant probation for two years with 180 days in jail. The court awarded custody credits and imposed various fines and fees. On August 23, 2022, defendant filed a notice of appeal.

1 All statutory references are to the…