P. v. Arias

Filed 8/25/06 P. v. Arias CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FIRST APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent,

ALFREDO BARRIGA ARIAS,

Defendant and Appellant.

A111796

(San Mateo County

Super. Ct. No. SC057135)

Defendant Alfredo Arias was convicted of first degree burglary, committing a lewd act on a child of 14 or 15 years of age, making a criminal threat, and intimidating a witness. On appeal, he contends the evidence was insufficient to support his conviction under Penal Code section 422^[1] for making a criminal threat. We affirm.

BACKGROUND

On July 24, 2004, 14-year-old E. went to bed around 9:00 p.m. Around 1:00 a.m. her father woke her and said he was leaving to pick up her mother from work. E. checked the apartment door and windows to make sure they were locked before she went back to sleep.

Not long afterward, E. awoke to the sound of a door opening and saw defendant in her room. He touched her legs and tried to kiss her on the mouth. She told him she knew who he was and to leave. Defendant told her to go outside with him so he could show her the door was open. She was scared, and told him to go and close the door. He said â€

Description	Defendant was convicted of first degree burglary, committing a lewd act on a child of 14 or 15 years of age, making a criminal threat, and intimidating a witness. On appeal, he contends the evidence was insufficient to support his conviction under Penal Code section 422[1] for making a criminal threat. Court affirm.
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