P. v. Reyes CA2/8
In the early morning of February 22, 2015, defendant Danilo Hernandez Reyes forced entry into the home of his ex-girlfriend M.R. and threatened her with a knife. He was charged and convicted of first degree burglary, criminal threats, and violation of a court order. He was acquitted of the charge of assault with a deadly weapon.
Defendant argues on appeal that: (1) substantial evidence did not support a finding of his felonious intent at the moment of entry necessary for a burglary conviction; (2) the trial court abused its discretion by not excluding unduly prejudicial evidence of uncharged acts under Evidence Code section 352; (3) he received ineffective counsel because his attorney did not request a jury instruction on diminished actuality; and (4) the trial court should have stayed, under Penal Code section 654, the concurrent sentence for violation of the restraining order. We affirm but order his sentence for disobeying a court order stayed pursuant to section 654.
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