P. v. Delacruz
A jury convicted appellant of one count of making a criminal threat (Pen. Code, S 422), and found true the allegation that he personally used a firearm (S 12022.5, subd. (a)(1)). The trial court sentenced him to state prison for a term of five years, consisting of a mid term of two years and a consecutive low term of three years for the firearm enhancement. In this appeal from the judgment of conviction, appellant claims the trial court failed to recognize that it had the discretion to grant probation and so failed to exercise that discretion, and should have given a unanimity instruction as to the charge of making a criminal threat. Finding no error, court affirm the judgment.
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