P. v. Florence
A jury convicted Mitchell Thomas Florence of threatening a judge (Penal Code[1] 76, subd. (a)), making a criminal threat ( 422), and attempted escape ( 4532, subd. (b)(1), 664). In a separate proceeding, Florence admitted three serious felony priors ( 557, subd. (a)(1)), and a strike prior ( 667, subd. (b)-(i)), 1170.12, 668). The court sentenced Florence to a total of seven years eight months, which was imposed consecutively to a term he was serving in another case. The court imposed a term of one year four months for making a criminal threat (one third the middle term of eight months doubled by the strike prior), one year four months for attempted escape (one third the middle term of eight months, doubled by the strike prior), and five years for the serious felony prior. The court stayed sentencing on threatening a judge pursuant to section 654 and struck two of the three serious felony priors. Florence contends there was insufficient evidence to support the conviction for making a criminal threat. Additionally, Florence contends the trial court prejudicially erred by failing to instruct the jury on the lesser included offenses of attempted threatening a judge and attempted criminal threat. Florence contends the trial court should strike the five year sentence enhancement if the court reverses the criminal threat conviction. Court affirm the judgment.
Comments on P. v. Florence