P. v. Enciso
Filed 7/27/06 P. v. Enciso CA4/3
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 THREE
| THE PEOPLE, Plaintiff and Respondent, v. ALBERT JOHN ENCISO, Defendant and Appellant. | G035311 (Super. Ct. No. 03NF2348) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett. Affirmed.
Donna L. Harris, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Garrett Beaumont and Gil Gonzalez, Deputy Attorneys General, for Plaintiff and Respondent.
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A jury convicted Albert Enciso of a criminal threat (Pen. Code, § 422; all statutory references are to the Penal Code), two counts of resisting, obstructing, or delaying a public officer (§ 148, subd. (a)(1)), and providing a false name to a peace officer (§ 148.9). He challenges the sufficiency of the evidence to support the criminal threat conviction. He also contends that his trial attorney provided ineffective assistance and thus deprived him of his constitutional right to counsel. Finding no basis to disturb the judgment, we affirm.
I
Facts
Albert Enciso and his mother Belen Walldez have had a precarious relationship, often marked by Enciso's erratic and violent behavior. On several prior occasions Enciso threatened Walldez and has twice struck Walldez in her face. In another instance, Enciso demanded entrance into Walldez's home, culminating with Enciso kicking in the door and knocking her to the ground. In fear of her son and his drug use, Walldez decided several years ago not to reveal the location of her new Fullerton residence to Enciso. Yet Walldez would regularly visit her son, supporting him with contributions of food and money. This maternal charity eventually ceased, and Walldez had not seen her son for approximately three months until he arrived at her apartment uninvited on July 25, 2003.
Elizabeth and Luis Venegas, Walldez's daughter and son-in-law respectively, were visiting Walldez when Enciso arrived. Walldez denied Enciso entry until he agreed to behave. Despite his assurance and initial cordiality, Enciso became angry and a loud argument ensued for several minutes. It was Enciso's belief, among other things, that Walldez had urged her previous boyfriend to assassinate him. At one point during the argument, Enciso declared to Walldez, â€
