P. v. Campbell CA3
Defendant Raymond William Campbell was found guilty of several offenses, including making a criminal threat under Penal Code section 422. He was sentenced to serve five years eight months in prison.
Defendant contends (1) insufficient evidence supports his criminal threats conviction because no evidence showed he made a threat that had an imminent prospect of execution and (2) the trial court had a sua sponte duty to instruct the jury on attempted criminal threats as a lesser included offense to the criminal threats charge. We conclude sufficient evidence supports defendant’s criminal threats conviction, and the trial court did not err in refusing to instruct the jury on the lesser included offense of attempted criminal threats. We affirm the judgment.
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