Melhado

Jose Eugenio Melhado appeals a judgment of conviction on one count of violating Penal Code section 422 by making a threat to commit a crime which would result in death or great bodily injury. He contends the trial court erred when it refused to give an instruction on jury unanimity, when it modified CALJIC No. 9.94 defining the elements of the crime for which appellant was convicted, and when it gave revised CALJIC No. 2.90 to instruct the jury on reasonable doubt. Appellant further contends that there was insufficient evidence to support his conviction. In the published portion of this opinion we find that the court committed reversible error in failing to instruct the jury on unanimity, but that no error was committed in modifying CALJIC No. 9.94. In the unpublished portion we find that but for the reversible error in instruction, we would have affirmed, as there was substantial evidence to uphold the conviction and there was no error in instructing on reasonable doubt. We reverse.

Facts

On August 24, 1995, Jose Eugenio Melhado brought his car to Affordable Auto Repair in San Francisco to obtain an estimate for having his brakes repaired. After quoting him a price of…