P. v. Gaunt CA5
Appellant Jeremiah David Gaunt (appellant) contends there was insufficient evidence to support his felony criminal threats conviction, and the trial court should have granted his post-trial motion to reduce his conviction to a misdemeanor. (Pen. Code, § 17, subd. (b).) We conclude the jury’s verdict was supported by substantial evidence, the trial court did not abuse its discretion in denying appellant’s motion, and affirm.
PROCEDURAL BACKGROUND
A jury convicted appellant of felony criminal threats (§ 422), misdemeanor battery (§ 242), and misdemeanor vandalism (§ 594, subd. (a)). At sentencing, the trial court denied appellant’s motion to reduce his criminal threats conviction to a misdemeanor. (§ 17, subd. (b).) The court then suspended imposition of sentence and placed defendant on probation.
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