People v. Garibay CA2/7

INTRODUCTION

Louis Alberto Garibay appeals from a judgment of conviction for making a criminal threat against a security guard patrolling Union Station in Los Angeles. He contends the record lacks substantial evidence to support a finding the victim experienced “sustained fear,” an element of the offense. Garibay further contends the trial court erred in failing to instruct the jury on the lesser-included offense of an attempted criminal threat. Garibay argues the jury could reasonably have concluded he did not complete the crime of making a criminal threat. We conclude the trial court did not err, and affirm.

FACTUAL AND PROCEDURAL BACKGROUND

On November 22, 2022, the People filed an information alleging Garibay made a criminal threat against Isamar Gonzalez (Pen. Code, § 422).1 The People further alleged Garibay engaged in violent behavior that indicated a serious danger to society and that he was armed with a weapon. (Cal. Rules of Court, rule 4.421(a)(2) & (b)(1).) At trial, the prosecution presented testimony from Gonzalez and other witnesses. Gonzalez testified she had been a security guard since 2019 and had worked as a supervisor at Union Station in Los Angeles for four…