Culbert

We are not sure how a parent should teach his child a lesson. But we are sure how not to do it. Do not pull the trigger of a firearm held to the child’s head, even if the firearm is unloaded. This misguided attempt at parenting, coupled with coercive remarks, is a crime.

Gregory Culbert appeals his conviction, by jury, of one count of criminal threats (Pen. Code, § 422), 10 counts of possession of a firearm by a felon (former § 12021, subd. (a)(1), now § 29800, subd. (a)(1)), and one count of possession of ammunition by a felon (former § 12316, subd. (b)(1), now § 30305, subd. (b)(1)). The jury further found that appellant personally used a firearm in making the criminal threat. (§ 12022.5, subd. (a).) The trial court sentenced appellant to 11 years in state prison, including a five-year sentence enhancement term based on appellant’s prior felony conviction. (§ 667, subd. (a)(1).)

Appellant contends (1) there is no substantial evidence that he uttered a criminal threat or that the victim was in sustained fear; (2) the trial court erred when it admitted evidence of his prior conviction for having violated section 422; and (3) his convictions of being a felon in…