P. v. Brownlee CA2/1
A jury convicted defendant and appellant Darryl Glenn Brownlee, an African-American, of one count of making criminal threats under Penal Code section 422, but found untrue the weapon allegation—use of a knife—under section 12022, subdivision (b)(1). On appeal, defendant contends the trial court erred in denying his Batson/Wheeler motion. Defendant also contends that there was insufficient evidence to support his criminal threats conviction in light of the untrue finding on the weapon allegation because defendant’s words were not sufficiently sustained and unequivocal.
Because we conclude there was sufficient evidence to support the criminal threats conviction and the denial of the Batson/Wheeler motion was proper under the three-step analysis in People v. Gutierrez (2017) 2 Cal.5th 1150, 1158 (Gutierrez), we affirm.
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