P. v. Camacho CA5
Angel Camacho was convicted by jury of having made a criminal threat. The charges arose out of a domestic dispute between Camacho and his daughter’s mother, Nicole Hernandez. At the scene of the crime, Hernandez told the investigating officer that Camacho had, among other acts, threatened her life, and that she was afraid she was going to be killed. At trial, Hernandez testified she fabricated the whole incident, accepted total responsibility for the confrontation between the two, and claimed she was never in fear that evening.
Camacho argues the trial court erred by failing to sua sponte instruct the jury with the lesser included offense of attempted criminal threat. We conclude the evidence was insufficient to support the instruction, and even had the trial court erred, Camacho did not suffer any prejudice. Accordingly, we affirm the judgment.
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