P. v. Pittman CA2/6
Clyde Ozell Pittman appeals the judgment entered after a jury convicted him of arson of a structure (Pen. Code, § 451, subd. (c)) and making criminal threats (§ 422, subd. (a)). In a bifurcated proceeding, appellant admitted that he had a prior strike and serious felony conviction (§§ 667, subds. (a)-(j), 1170.12, subd. (b)). The trial court sentenced him to an aggregate term of nine years and four months in state prison, consisting of the midterm of four years for the arson doubled for the strike prior, plus sixteen months (one-third the midterm doubled) for the criminal threat. Appellant contends the court erred in failing to give a unanimity instruction (CALCRIM No. 3500) on the criminal threats count, and in accepting the jury’s verdict in appellant’s absence rather than granting a continuance. We affirm.
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