P. v. Thurber
Defendant Douglas Mark Thurber was charged with making criminal threats (Pen. Code, 422) to two female victims Charla Allen and Michelle Velasquez. Allen had numerous phone calls with defendant while he was incarcerated, including some in which she made statements to the effect that she had not taken his threats seriously and was not actually afraid. Accordingly, the jury found defendant not guilty on the count relating to Allen. Velasquez did not testify at trial; over defendants objection, however, a tape of her 911 call was admitted into evidence. The jury found defendant guilty on the count relating to Velasquez. One 5-year serious felony prior conviction enhancement (Pen. Code, 667, subd. (a)) and one strike prior (Pen. Code, 667, subds. (b)-(i), 1170.12) were found true. Defendant was sentenced to a total of nine years in prison.
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