The People v. Umstead CA4/2

INTRODUCTION

Defendant William Thomas Umstead appeals from judgment entered following

jury convictions for committing corporal injury on the mother of his child (Pen. Code,

§ 273.5, subd. (e)(1)1; count 1), and making criminal threats (§ 422; count 2). The jury

also found true that defendant had two prior prison terms (§ 667.5, subd. (b)), had been

convicted of a prior serious felony (§ 667, subd. (a)), and had a strike prior (§§ 667,

subds. (c) & (e)(1), 1170.12). The trial court sentenced defendant to 11 years in prison.

Defendant contends there was insufficient evidence to support his conviction for

making unlawful criminal threats because the alleged threat was a conditional statement.

We conclude the evidence was sufficient to establish the threat was unequivocal,

unconditional, immediate, and specific. The judgment is affirmed.

II

FACTS

Defendant and Jane Doe ended their nine-year relationship and separated about a

week before the events of February 20, 2011. The couple and Doe‟s two daughters were

living with defendant‟s mother and step-father, George Amador. The daughters were

seven and eight years old. Defendant was the biological father of one of the…