P. v. Villasenor
A jury convicted defendant Augustine Villaseñor of criminal threats (Pen. Code, § 422) against a minor victim. Defendant admitted to serving a prior prison term (id., § 667.5, subd. (b)) and his sentence was enhanced accordingly. The trial court sentenced him to three years in prison.
On appeal, defendant claims that there is insufficient evidence that he committed the offense for which he was convicted because there is insufficient evidence that the minor victim heard his threat and “was frightened by it specifically.†He argues that his conviction by a jury under these circumstances violated his right to due process of law. He contends, instead, that his conviction should be reduced to the lesser included offense of attempted criminal threats.
We find no due process violation and will affirm the judgment.
Comments on P. v. Villasenor