P. v. Roque
Defendant Robert Roque appeals from a judgment of conviction entered after a jury found him guilty of making a criminal threat (Pen. Code, 422) and misdemeanor petty theft (id., 484, subd. (a)).[1] The trial court sentenced defendant to the upper term of three years in state prison on the felony conviction, with a concurrent county jail term on the misdemeanor. On appeal, defendant claims prosecutorial misconduct, insufficient evidence to support his conviction of making a criminal threat, error in failing to instruct the jury sua sponte on attempted criminal threat, and error in imposing the upper term sentence based on facts not found by the jury. Court affirm the judgment.
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