Fear Not Law Articles: P. v. Rose

P. v. Rose

Filed 1/23/07 P. v. Rose CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent,

DAVID RAYMOND ROSE,

Defendant and Appellant.

E039963

(Super.Ct.No. RIF116193)

OPINION

APPEAL from the Superior Court of Riverside County. Stephen D. Cunnison, Judge. Affirmed.

Stephen M. Hinkle, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Gary W. Schons, Senior Assistant Attorney General, Peter Quon, Jr., Supervising Deputy Attorney General, and Pat Zaharopoulos, Deputy Attorney General, for Plaintiff and Respondent.

A jury found defendant guilty of making terrorist threats (Pen. Code, § 422)^{^[1]} (count 1) while personally using a firearm (§§ 12022.5, subd. (a), 1192.7, subd. (c)(8)), being a felon in possession of a firearm (§ 12021, subd. (c)) (count 2), and being under the influence of drugs while in possession of a loaded, operable firearm (Health & Saf. Code, § 11550, subd. (e)) (count 3). As a result, defendant was sentenced to a total term of six years eight months in state prison. Defendant's sole contention on appeal is that there was insufficient evidence to sustain his conviction for making criminal threats. We reject this contention and affirm the judgment.

FACTUAL BACKGROUND

On April 6, 2004, about 11:30 a.m., defendant's then 18-year-old sister Amy was on the front porch of their mother's Riverside home with her friend, Andrea, smoking, when defendant arrived.^{^[2]} Their mother, Amy's 15-month-old daughter, their brother Paul, and Paul's two daughters were inside the house. Defendant greeted Amy and Andrea and then went inside. Amy and Andrea followed him into the house. Defendant was sitting on the fireplace, crying and asking his brother for help. The family was not paying attention because they had â€

Description	A jury found defendant guilty of making terrorist threats (Pen. Code, S 422) (count 1) while personally using a firearm (SS 12022.5, subd. (a), 1192.7, subd. (c)(8)), being a felon in possession of a firearm (S 12021, subd. (c)) (count 2), and being under the influence of drugs while in possession of a loaded, operable firearm (Health and Saf. Code, S 11550, subd. (e)) (count 3). As a result, defendant was sentenced to a total term of six years eight months in state prison. Defendant's sole contention on appeal is that there was insufficient evidence to sustain his conviction for making criminal threats. Court reject this contention and affirm the judgment.
Rating	0/5 1 2 3 4 5 0/5 based on 0 votes.