P. v. Aldama CA4/1
A jury found Ryan Louis Aldama guilty of making a criminal threat (Pen. Code,
§ 422; count 2) but found not true the allegation that he personally used a deadly weapon, a knife (§ 12022, subd. (b)(1)). It found Aldama not guilty of assault with a deadly weapon (§ 245, subd. (a)(1); count 1), and found not true the allegation that he personally used a deadly weapon, a knife (§ 1192.7, subd. (c)(23)). In bifurcated proceedings, Aldama admitted he was convicted of a prior serious felony within the meaning of section 667, subdivision (a). The court sentenced Aldama to seven years as follows: the midterm of two years on the criminal threat conviction and five years on the serious felony prior conviction.
Aldama contends the court erroneously failed to instruct the jury on its own motion on the lesser included offense of attempted criminal threats, thus violating his due process rights under the federal Constitution. We affirm the judgment.
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