Moallem's sole contention on appeal is that the trial court should have stayed his sentence on one of the two counts under Penal Code section 654. Neither defense counsel nor the prosecution raised any issue regarding Penal Code section 654. The court placed Moallem on five years of formal felony probation and ordered him to serve 210 days in the county jail and to stay away from the victim, his father. On the assault with a deadly weapon charge, the court sentenced Moallem to the middle term of three years.
On the criminal threats count, the court selected the middle term of two years plus one year for Moallem's use of the knife. At the sentencing hearing on August 23, 2016, the trial court imposed sentence but suspended execution of that sentence. The jury also found true the knife use allegation on the criminal threats count. On August 1, 2016, the jury acquitted Moallem on the vandalism charge and found him guilty of the criminal threats and assault charges. The case proceeded to trial in July 2016. Moallem ran to Mullen's car, slashed the tires, and ran away. " The knife came within two or three inches of Mullen's torso. Mullen thought Moallem "look pretty serious about going through with it," "stabbing. Moallem pointed the knife at Mullen's left side. 'I will kill you,' F words, and all that stuff." Moallem tried to hit or stab Mullen with the knife. Moallem told Mullen, " 'I will stab you' or something. Moallem was threatening Mullen: "omething about hurting me or killing me or all this stuff." Moallem then pulled out a folding knife. Mullen asked Moallem to "lease get out of the way." Moallem refused and "an exchange" of "F words" ensued. Moallem was very aggressive he was yelling. Moallem said his father owed him money for a typewriter. Moallem came outside and told his father he needed money. Moallem showed up at the restaurant and ate some food.
Mullen and three of his employees were moving a metal canopy. On September 25, 2015, Steve Mullen was at the restaurant he owns, Joe K's Deli. As the evidence at trial is not at issue in this appeal, we summarize it briefly.
The People alleged Moallem had used a deadly weapon (the knife) in the commission of the criminal threats within the meaning of Penal Code section 12022, subdivision (b)(1). The People charged Moallem with criminal threats, assault with a deadly weapon (a knife), and vandalism. We therefore remand the case for the correction of Moallem's sentence. Moallem contends the trial court should have stayed his sentence on one of those two counts under Penal Code section 654. _ĭefendant Aharon Eleazar Moallem appeals his sentence for criminal threats with the use of a knife and assault with a deadly weapon. Brenan and Abtin Amir, Deputy Attorneys General, for Plaintiff and Respondent. Winters, Assistant Attorney General, Stephanie C. Engler, Chief Assistant Attorney General, Lance E. Xavier Becerra, Attorney General, Gerald A. Katharine Eileen Greenebaum, under appointment by the Court of Appeal, for Defendant and Appellant. VA140195) APPEAL from a judgment of the Superior Court of Los Angeles County, Olivia Rosales, Judge. This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTSĬalifornia Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b).