The Court of Appeal agreed with appellant’s argument that appellant’s attempted criminal threat was part of the same course of conduct as his completed criminal threat, and therefore should have been stayed under Penal Code section 654. Additionally, the court remanded the case for resentencing in light of legislative changes to Penal Code section 1170 made by Senate Bill No. 567 (2021-2022 Reg. Sess.), which, among other things, created new limitations on the the imposition of the upper term.
Name: People v. Lindmeier
Case #: A165838
Opinion Date: 12/09/2022
Attorney: Solomon Robert Wollack