P. v. Reynozo
Rodrigo Armando Reynozo appeals his conviction, by jury, of making a criminal threat against his sister, Mariela Reynozo. (Pen. Code, § 422.)[1] The jury acquitted appellant of having made a criminal threat to his mother, Victoria Reynozo. Appellant was sentenced by the trial court to the middle term of two years. He contends: the judgment is not supported by substantial evidence because there is insufficient evidence his sister was actually and reasonably in sustained fear, an element of the offense; the trial court erred in failing to instruct on attempted criminal threat as a lesser included offense; the trial court erred when it admitted evidence of his prior conviction for making a criminal threat against his mother; and the trial court erred in entering a protective order because appellant was not granted probation and was sentenced to prison instead. We strike the protective order and, in all other respects, affirm.
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