People v. Sussman CA4/1

I. INTRODUCTION

Nancy Sussman appeals from her criminal threat conviction, (Pen.

Code,1 § 422), contending insufficient evidence supported the charge, and the trial court erred by not instructing the jury on an attempted criminal threat as a lesser included offense. She additionally argues the trial court erred in denying her posttrial motion to unseal juror identifying information so she could investigate potential juror misconduct. We disagree with her

assertions and affirm the conviction.

II. FACTUAL AND PROCEDURAL BACKGROUND

In 2011 or 2012, Sussman, along with her son and daughter, moved to a house on Lomond Drive in San Diego, across the street from Alfonso Martinez and his wife. The homes are about 30 feet apart. Martinez’s house has an eight-camera surveillance system. Within two months of the move, friction developed between the new neighbors, with Martinez complaining to Sussman about her son’s behavior. Over time, the conflict between them escalated.

Further undesignated statutory references are to the Penal Code.

Sussman moved to augment the record with documents taken from San Diego Superior Court case No. SCD283989. The court dismissed that…