P. v. Zayer
A jury convicted defendant Basim Elias Zayer of making criminal threats (Pen. Code, § 422, subd. (a)), a felony.[1] The jury could not reach a verdict on a misdemeanor battery charge. On appeal, defendant contends there was insufficient evidence of criminal threats and, in the alternative, that the jury should have been instructed on the lesser included offense of attempted criminal threat. Defendant also contends the trial court erred when it instructed the jury with CALCRIM No. 361 (a testifying defendant’s failure to explain or deny evidence against him). We find no prejudicial error and affirm defendant’s conviction, but order the judgment modified to include additional presentence conduct credits.
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