Barrios

— In separate proceedings, juries convicted defendant Kevin Lee Barrios of threatening a public official (Pen. Code, § 76, subd. (a)) and misdemeanor battery on a cohabitant (Pen. Code, § 243, subd. (e)(1)). The trial court sentenced defendant to four years in prison for the threat and a concurrent six months for the domestic violence.

With regard to his conviction for threatening a public official, defendant primarily contends he could not be convicted unless he actually intended to carry out the threat, and the People failed to prove such an intent. With regard to his domestic violence conviction, defendant primarily contends the court erred by admitting the preliminary hearing testimony of the victim, who was unavailable for trial. As we explain below, we reject defendant’s contentions and affirm both convictions.

I. THE CONVICTION FOR THREATENING A PUBLIC OFFICIAL

A. Facts

Defendant’s conviction arises from his threatening his own defense attorney during his first trial on the domestic violence charge.

Attorney Marc Tirrell represented appellant in his first trial for inflicting corporal injury on a cohabitant. Tirrell worked for the Solano County Conflict…