Fierro

INTRODUCTION

Appellant Alejandro Fierro appeals from his conviction of making criminal threats and giving false information to a police officer. He contends that the verdicts are not supported by substantial evidence. We disagree and affirm the judgment.

STATEMENT OF THE CASE

In a three-count information, appellant was charged in count 1 with making criminal threats in violation of Penal Code section 422. He was charged in count 2 with attempted criminal threats (§§ 664, 422), and in count 3 with giving false information to a police officer (§ 148.9, subd. (a)). It was further alleged as to counts 1 and 2 that appellant had suffered a prior conviction and had not remained free of custody for five years before committing the current felonies. (§ 667.5, subd. (b).) Appellant pleaded not guilty. The jury convicted him on all three counts. After waiving a jury trial on the prior conviction, appellant admitted the allegation. He was sentenced on May 13, 2008, to a total of five years in state prison plus various fines and assessments. Appellant filed a timely notice of appeal.

STATEMENT OF THE FACTS

1. The Incident at the Gas Station

This case stems from what should have…