P. v. Parra
A jury convicted Daniel Parra of corporal punishment to a spouse (Pen. Code, 273.5, subd. (a))[1]; assault with a firearm ( 245, subd. (a)(2)); false imprisonment by violence, menace, fraud or deceit ( 236 & 237, subd. (a)); child abduction ( 278.5, subd. (a)); and criminal threats ( 422). The jury also found true the allegation of personal use of a firearm in connection with one count of the information ( 12022.5, subd. (a)). Parra admitted a serious felony prior conviction within the meaning of section 667, subdivision (a)(1) and a serious/violent felony conviction within the meaning of section 667, subdivisions (b) through (i). Parra was sentenced on this case and two separate cases (Nos. SCD200362 & SCD194436) to a total determinate term of 19 years, four months.
Parra appeals contending the court erred in failing, sua sponte, to modify the jury instruction defining assault. He further contends the evidence is insufficient to support the conviction for criminal threats. Court reject both contentions and affirm.
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