People v. Bath CA2/6

── People v. Bath CA2/6 ── Court: California Court of Appeal Date: June 05, 2026 Category: General Filed 6/5/26 P. v. Bath CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B343934 (Super. Ct. No. 2024010829) Plaintiff and Respondent, (Ventura County) v. CARSON BATH, Defendant and Appellant. A jury convicted Carson Bath of criminal threats, battery, robbery, and assault with a deadly weapon after hearing evidence of two incidents involving separate victims. Bath appeals the convictions contending the trial court improperly: 1) consolidated the two cases; 2) admitted e-mails and texts under Evidence Code section 1101, subdivision (b), and 3) punished him twice for the same criminal conduct in violation of Penal Code section 654.1 1 All statutory references are to the Penal Code unless stated otherwise.  We agree that, under section 654, the trial court should not have punished Bath for both robbery (count 3) and assault with a deadly weapon (count 4). The case is remanded for resentencing with instructions for the court to stay the sentence on either count 3 or count 4. In all other respects, we affirm the judgment. FACTUAL AND PROCEDURAL HISTORY Criminal threats and battery incident (case no. 2024010829) A.S. and Bath worked together at McDonald’s from November 2023 to February 2024. A.S. sometimes supervised Bath. She saw “minor altercations” between Bath and his co- workers and believed he had an anger problem. On one occasion, Bath became upset with A.S. when she refused to give a co-worker a free meal. A.S., however, believed she and Bath were on good terms when he quit the job. A week later, Bath called A.S.’s supervisor and threatened to kill A.S. and other employees if he ever encountered them. A.S. felt afraid when her supervisor told her about the threats because she had seen Bath lash out at her co-workers. He had also mentioned prior “issues with the law” and said he “was not scared of getting in trouble.” Although she was afraid, A.S. did not report the threat to law enforcement. In April 2024, A.S. saw Bath in a study room at the Oxnard Public Library. They made eye contact, but A.S. continued walking. A.S. heard the study room door open, heard footsteps behind her, and then heard Bath either call her name or say, “hey.” She turned and came face to face with him. Bath spat in her face. The spittle hit A.S.’s left eye and some “fell” into her mouth. She described Bath’s voice as “angry and frustrated.” He looked agitated. When A.S. reached for her phone, Bath said he “was going to kill [her] if he ever saw [her] again.” A.S. was scared. She 2 used her cell phone to record Bath as he walked away. In the video, he can be heard saying “kill you and people like you. You’re lucky. Go back to flippin’ your burgers.” A.S. reported the threat to a library employee who called the police. Oxnard Police Department Officer Charles Buttell met with A.S. at the library. Officer Buttell later described A.S. as visibly upset, scared, crying and “shaken.” A.S. reported that Bath had spit on her and threatened her. Officer Buttell then found Bath, who was still at the library, and talked to him. Bath said A.S. and other co-workers bullied and harassed him when he worked at McDonald’s. He told Officer Buttell that A.S. walked by him in the library and was “laughing at me and flipped me o