P. v. Shook CA4/1
A jury convicted Michael Scott Shook of two counts of making criminal threats (Pen. Code, § 422). He admitted allegations that he had suffered a prior serious felony conviction that qualified as a strike (§§ 667, subd. (a), 667, subds. (b)-(i), 1170.12). The trial court sentenced Shook to a total prison term of seven years eight months, consisting of 32 months (double the 16-month low term) on count 1, a concurrent 32-month term on count 2, and five years for his prior serious felony conviction. Shook contends insufficient evidence supports his criminal threat convictions in that there was no evidence his threat actually caused the victims to be in sustained fear for their own safety. He further contends the trial court prejudicially erred by refusing his request to instruct the jury on self-defense, an affirmative defense to the criminal threat charges, because substantial evidence warranted the instruction. We reject these contentions and affirm the judgment.
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