P. v. Koziel
Defendant appeals from the judgment following his jury trial and conviction of attempted criminal threat. (Pen. Code, SS 664, 422.) After the jury failed to reach a verdict on a second degree commercial burglary charge, appellant pleaded guilty to misdemeanor petty theft. (S 484, subd. (a).) The trial court sentenced him to one year for attempted criminal threat, a concurrent six-month sentence for petty theft, and a consecutive one year term pursuant to section 667.5, subdivision (b). Appellant contends that court should reverse the attempted criminal threat conviction because it is not supported by substantial evidence, the police failed to preserve exculpatory evidence, and the trial court violated its sua sponte duty to give the jury self defense instructions. Court affirm.
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