People v. Rubino CA4/1

I.

FACTUAL AND PROCEDURAL BACKGROUND

Rubino was convicted of making a criminal threat to H.R.2 The two men had grown up together as close friends and neighbors, whose fathers were business partners. In the years leading up to the instant incident, the relationship between Rubino and H.R. had deteriorated. Rubino was angry at H.R. based on his belief that H.R. had stolen tools from him several years earlier. Rubino also had negative feelings toward H.R.’s father (Father) because of Father’s recent business dealings with Rubino’s father. At the time of the incident, Rubino was living in the house where he grew up, with a backyard that adjoined the backyard of Father’s house. H.R. was visiting Father’s house at the time. Rubino drove to the front gate of Father’s house and started yelling through the driveway gate, in the presence of both H.R. and Father. Witnesses at trial gave different accounts of what Rubino said during the incident at the front gate. According to H.R., Rubino was yelling obscenities, accusing H.R. of stealing tools, and stating that he was going to

Unless otherwise indicated, all further statutory references are to the Penal Code. We refer to H.R.…