Teal

— A jury convicted appellant of threatening to kill Daniel Martinez (Pen. Code, § 422; count I; statutory references, unless otherwise noted, are to the Penal Code) and violating a restraining order (§ 166, subd. (a)(4); count II), a misdemeanor. The trial court, in a bifurcated proceeding, found true allegations appellant had four serious felony convictions, each a “strike” (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and two state prison priors (§ 667.5, subd. (b)). Appellant was sentenced to state prison for 25 years to life.

Appellant contends: (1) there is insufficient evidence he knew the victim was present when he made the threats; (2) the trial court erred in admitting prejudicial evidence; and (3) the trial court erred in refusing to reduce the count I threat conviction. We find no error and affirm the judgment.

Factual Background

The facts may be stated simply because the trial consisted of one witness’s testimony, the victim’s.

Mr. Martinez lived with his wife and daughters at 628 West 19th Street in San Pedro. Mrs. Martinez’s niece, Carol Hammel, lived nearby on her boat with her boyfriend, appellant. Mr. Martinez first met appellant in 1994 when…