P. v. Tavares
A jury convicted Pedro Alexander Tavares of assault with a deadly weapon and by means of force likely to cause great bodily injury (Pen. Code,[1] § 245, subd. (a)(1); count 1), making a criminal threat (§ 422; count 2), and misdemeanor vandalism (§ 594, subd. (a)(b)(2)(A); count 3). Additionally, the jury found true that Tavares personally used a deadly and dangerous weapon in the commission of the assault. (§§ 12022, subd. (b)(1); 1192.7, subd. (c)(23).) The trial court suspended imposition of sentence and placed Tavares on three years of formal probation with a requirement he spend 365 days in local custody.
Tavares's sole argument on appeal is that insufficient evidence supports his conviction for making a criminal threat (count 2) because his statements to the victim, Kathleen Reiff, and his gestures did not constitute a "threat" within the meaning of section 422. We affirm the judgment.
Comments on P. v. Tavares