People v. Coker CA5

INTRODUCTION

In 2017, a jury convicted appellant Ricky Lee Coker of four crimes involving the same victim: two counts of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1);1 counts 1 & 2); making a criminal threat (§ 422; count 3); and intimidating a witness (§ 136.1, subd. (b)(1); count 4). The jury found true that appellant used or threatened to use force in intimidating the witness (§ 136.1, subd. (c)(1)). After two appeals in this court, which we summarize later in this opinion, the trial court resentenced appellant in 2022. In count 1 (assault with a deadly weapon), the court imposed an upper term of four years, which was doubled because of a prior strike. This sentence was enhanced by five years for a prior serious felony conviction (§ 667, subd. (a)). In count 2 (assault with a deadly weapon) and count 3 (making a criminal threat), the court imposed upper terms of four years and three years, respectively, which were doubled because of a prior strike. The sentences in counts 2 and 3 were stayed. In count 4 (intimidating a witness), the court imposed a concurrent middle term of three years, which was doubled because of a prior strike. Appellant has an aggregate…