P. v. Eddowes CA5
Defendant Cavin Lee Eddowes sexually assaulted a woman and then obstructed and threatened to kill the deputy sheriff transporting him after his arrest. A jury convicted defendant of assault with intent to commit rape by force, false imprisonment with violence, attempted criminal threat, and misdemeanor obstruction or resisting a peace officer. The trial court sentenced defendant to a total term of six years in prison.
Defendant contended on appeal that (1) we should reverse his conviction for attempted criminal threat because the trial court failed to instruct the jury that the intended threat must have been sufficient to cause sustained fear in a reasonable person, (2) we should strike a $30 criminal conviction assessment the trial court did not orally pronounce at sentencing from the abstract of judgment, and (3) we should order the trial court to amend the sentencing minute order and abstract of judgment to reflect the components of the $930 penalty assessment.
Comments on P. v. Eddowes CA5