P. v. Garcia
A jury convicted Raul Macias Garcia of making a terrorist threat (Pen. Code, 422; count one) and of intimidating a witness ( 140; count two). In a separate proceeding, the trial court found Garcia suffered a prior manslaughter conviction and a prior attempted robbery conviction. Both constituted strikes ( 667 subds. (b)-(i); 1170.12), as well as serious felonies ( 667.5, subd. (a)(1)), and the manslaughter prior resulted in a prison sentence ( 667.5, subd. (b)). The court sentenced him to a total of 35 years to life as follows: 25 years to life on count one; and two consecutive five year sentences for the serious felony priors. Pursuant to section 654, the court imposed but stayed a 25-year to life sentence on count two and a one-year consecutive term for the section 667.5, subd. (b) enhancement.
Garcia contends the trial court erroneously: (1) admitted evidence of his prior crimes; and (2) failed to instruct the jury that he must have intended the threat to be conveyed to the victim of the threat. He further contends the convictions were not supported by sufficient evidence. Court affirm as modified.
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