Franz

Defendant Anthony Ronald Franz appeals from a judgment following conviction on one count of spousal battery (Pen. Code, § 243, subd. (e)), two counts of making terrorist threats (§ 422), two counts of dissuading a witness from reporting a crime (§ 136.1, subd. (b)(1)), one count of battery (§ 243, subd. (e)(1), and one count of assault and battery (§ 242). The trial court found true and imposed a one-year enhancement for a prior prison term. (§ 667.5, subd. (b).)

In the published portion of the opinion, we consider and reject defendant’s contention that there is no substantial evidence he made a verbal “statement” to support the terrorist threat convictions. However, we agree with defendant that the trial court erroneously found true the prior prison term enhancement, which was founded on a federal conviction for possession of counterfeit United States currency.

Defendant also raises other contentions of insufficient evidence, evidentiary error, instructional error, and sentencing error, all of which we reject in the unpublished portion of the opinion.

We shall reverse the trial court’s finding that the section 667.5 enhancement was true and remand to the trial court…