People v. Perry CA5

INTRODUCTION

Frank Enrico Perry, appellant, contends the trial court reduced the prosecution’s burden of proof in its instructions to the jury on two counts of making a criminal threat (Pen. Code, § 422)2 and that the trial court erred in failing to give the unanimity instruction. We reject these contentions and affirm the judgment. On August 14, 2012, appellant was charged in an information with making a criminal threat to Denise Gutierrez-Medina (§ 422, count 1), making a criminal threat to Lucero P. (§ 422, count 2), being a felon in possession of ammunition (§ 30305, subd. (a)(1), count 3), and being a felon in possession of a firearm (§ 29800, subd. (a)(1), count 4). The information also alleged a prior prison term enhancement (§ 667.5, subd. (b).) At the conclusion of a jury trial on December 17, 2012, appellant was found guilty of all four counts. In a bifurcated proceeding, the trial court found the enhancement true. The trial court sentenced appellant to prison for three years on count 1. The court sentenced appellant to consecutive terms of eight months (one-third the midterm of two years) on counts 2, 3, and 4. The court sentenced appellant to a consecutive term of one…