People v. Butler

Defendant was convicted by a jury of burglary (count I; Pen. Code, § 459), assault with a deadly weapon (count II; § 245, subd. (a)), making terrorist threats (count IV; § 422) and two misdemeanor violations of battery (counts V & VI; § 242). By bench trial, the court found true the allegations that defendant had suffered a serious prior felony conviction, attempted robbery, within the meaning of the three strikes law (§ 667, subd. (d)) and section 667, subdivision (a), and had served a prior prison term for that conviction within the meaning of section 667, subdivision (b). Defendant was sentenced to prison for 13 years. In the published portion of defendant’s appeal, we reject defendant’s attacks on the sufficiency of the evidence and the jury instructions regarding the charge of making a terrorist threat.

Factual History

On March 17, 1998, Kelly Mendoza lived in an apartment complex in Modesto with her husband and their two children, a one-year-old daughter and a five-year-old son. Kelly was three months pregnant at the time. About noon that day, Kelly was in the laundry room of the complex and spoke to defendant’s mother about vandalism at the complex. Kelly…