People v. Auxila CA1/5

Filed 9/20/24 P. v. Auxila CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE,

A169442

Plaintiff and Respondent, v. (Marin County Super. Ct. No. SC222386A)

ISHMEL AUXILA,

Defendant and Appellant.

Ishmel Auxila (appellant) appeals following his convictions for making criminal threats (Pen. Code, § 422) and violating a criminal protective order (id., § 166, subd. (c)(1)(A)). The sole issue on appeal is whether the trial court erred in denying appellant’s motion made pursuant to People v. Marsden (1970) 2 Cal.3d 118 (Marsden). We affirm.

BACKGROUND1

In July 2023, a jury found appellant guilty of violating a criminal protective order, but was unable to reach a verdict on the criminal threats charge and the court…