P. v. Wagner
Following a jury trial, defendant was found guilty of simple assault (Pen. Code, 240),[1]a lesser included offense of assault by means of force likely to produce great bodily injury ( 245, subd. (a)(1)), and attempted criminal threats ( 664, 422), a lesser included offense of criminal threats ( 422). Defendant thereafter admitted to having sustained one prior strike conviction ( 667, subds. (c), (e)(1)(A), 1170.12, subd. (c)(1)(A)) and one prior serious felony conviction ( 667, subd. (a)). Defendant was sentenced to a total term of six years four months in state prison.On appeal, defendant contends (1) there was insufficient evidence to support the jurys verdict that he committed attempted criminal threats; and (2) the trial court abused its discretion in refusing to reduce the attempted criminal threat offense to a misdemeanor. Court reject these contentions and affirm the judgment.
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