People v. Hinojosa CA4/2

INTRODUCTION

On May 20, 2013, a second amended information charged defendant and appellant

with assault with force likely to produce great bodily injury under Penal Code1 section

245, subdivision (a)(4) (count 1); and making a criminal threat under section 422 (count

2). A jury found defendant guilty on count 1 and not guilty on count 2. The trial court

sentenced defendant to three years in county jail, suspending one year of the sentence in

favor of mandatory supervision.

On appeal, defendant contends that the trial court prejudicially erred in failing to

instruct the jury on misdemeanor assault. For the reasons set forth below, we shall affirm

the judgment.

II

STATEMENT OF FACTS

On July 23, 2012, Patricia Palmas (the victim) received an unsolicited text

message that included a photograph of her and defendant having sex in defendant’s

apartment. The victim had previously dated defendant for about a year; she had ended

the relationship in January 2012 because he had become aggressive, violent, and

threatening to the victim and her children. After the victim ended the relationship,

defendant continued threatening the victim. He stated that he would go to the…