P. v. West CA2/11
A jury convicted defendant Marcus West (defendant) of criminally threatening his wife, M.W., via a Facebook message and of violating a criminal protective order that prohibited such communication. The only documentary evidence at trial of the threatening message was a screenshot printout of the offending message. We are asked to decide whether the printout was sufficiently authenticated to permit its introduction into evidence, whether defendant’s convictions are supported by substantial evidence, and whether the trial court erred by not instructing the jury on the lesser included offense of attempted criminal threats.
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