P. v. Johnson CA4/1
Jeffrey R. Johnson brandished a corkscrew and told Timothy Cross, “Call my mom or I’m going to gouge your eyes out.” A jury convicted Johnson of making a criminal threat. The trial court sentenced him to three years in prison, which was less than his presentence custody time. Johnson was accordingly released on parole. On appeal, Johnson contends the trial court erred by failing to instruct the jury on the lesser included offense of an
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