P. v. Lucatero CA1/4
Defendant Luis Lucatero seeks reversal of his conviction for making criminal threats to Santos Trujillo under Penal Code section 422, arguing (1) the district attorney did not present sufficient evidence for the jury to find him guilty, and (2) the trial court erred by not including in its jury instructions the lesser included offense of attempted criminal threats. We conclude sufficient evidence supports Lucatero’s conviction. We agree the court erred by not instructing on the lesser offense, but we view that error as harmless. We therefore affirm Lucatero’s conviction.
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