People v. Spicer CA1/2

BACKGROUND

On June 22, 2012, an information was filed charging defendant with one felony count of making a criminal threat (§ 422), one felony count of threatening an executive

1 All further unspecified code section references are to the Penal Code.

1 officer (§ 69), and one misdemeanor count of resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1)). The information further alleged a prior conviction within the meaning of the Three Strikes Law (§§ 667, subds. (d)-(e), 1170.2, subds. (b)-(c)), and a five-year prior serious felony conviction enhancement (§ 667, subd. (a)(1)). Defendant filed a motion to suppress evidence, which the trial court denied on August 21, 2012. Defendant also filed a motion to set aside the two felony counts charged in the information. On August 22, 2012, the court granted defendant’s motion to set aside the threatening an executive officer count (§ 69). Subsequently, on August 27, 2012, the court granted the prosecutor’s motion to amend the information to add a second felony count of making a criminal threat (§ 422). The jury trial began on August 28, 2012.2 Officer Daniel Taft testified that the incident involving defendant occurred…