P. v. Alfred
Appellant Christopher Lee Alfred appeals from the judgment of conviction following a jury trial in which he was convicted of four felonies: Criminal threats (Pen. Code, § 422)[1] (counts 1 & 2); first degree burglary (§ 459) (count 3); and threatening a witness) (§ 140, subd. (a)) (count 4). As to all counts, the jury found true the gang enhancement (§ 186.22, subd. (b)(1)). As to count 3, the jury also found true the allegation that another person other than an accomplice was present in the residence during the burglary (§ 667.5, subd. (c)). In a bifurcated proceeding, the trial court found true the allegations that appellant had suffered one prior “strike†conviction (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)) and one prior serious felony conviction (§ 667, subd. (a)).
The trial court sentenced appellant to a total of 23 years in state prison as follows: On count 3, the base term, the court selected the midterm of four years doubled to eight years for a second strike; plus five years for a prior serious felony conviction; plus 10 years for the gang enhancement. The court stayed the two-year midterm sentences on counts 1 and 2 and the three-year midterm sentence on count 4.
Appellant contends there was no substantial evidence to support his conviction for criminal threats against one of the victims (count 1) and that the trial court erred in failing to sua sponte instruct the jury on the lesser included offense of attempted criminal threats. We disagree and affirm.
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