P. v. Metsoyan CA2/5
A jury convicted defendant Oganes Metsoyan of having made a criminal threat. (Pen. Code, § 422, subd. (a).) Defendant admitted a prior strike conviction (§§ 667, subd. (d), 1170.12, subd. (b)) and a prior serious felony conviction (§ 667, subd. (a)(1)). He was sentenced to nine years in state prison.
On appeal, defendant argues: the trial court erred when it admitted evidence of a prior incident between defendant and the victim, Luis Gomez, under Evidence Code sections 1101, subdivision (b) and 352; there was insufficient evidence defendant’s threat caused Gomez to be in sustained fear; the trial court erred when it discharged a juror; cumulative error was prejudicial; and the trial court abused its discretion when it denied defendant’s Romero motion. We reject defendant’s contentions and affirm the judgment.
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