P. v. Clark
A jury found defendant and appellant Andrew William Clark guilty of making criminal threats. (Pen. Code, § 422.)[1] The trial court found true the allegations that defendant suffered (1) a prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)); (2) a prior serious felony conviction (§ 667, subd. (a)); and (3) a prior felony conviction for which defendant served a prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to prison for a term of nine years.
Defendant raises three issues on appeal. First, defendant contends the trial court erred by not sua sponte instructing the jury on unanimity. Second, defendant asserts his trial counsel was ineffective for failing to ensure the trial court followed through with its agreement to give the jury a limiting instruction. Third, defendant contends the trial court erred by denying him the opportunity to present mitigating evidence at the sentencing hearing. We affirm the judgment.
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