People v. McAlpine CA2/6

DISCUSSION

Sufficiency of the Evidence to Support the Convictions McAlpine and Miles contend their convictions for making criminal threats must be set aside because the evidence was insufficient to support a finding

2 that the victims suffered "sustained fear" as a result of the threats. Miles also claims the evidence is insufficient to support the jury's finding that she personally used a firearm to threaten Bowden and Hennings. We disagree. One of the elements of the crime of making criminal threats is that the threat actually caused the person threatened to be in sustained fear for the safety of himself or his family. (In re George T. (2004) 33 Cal.4th 620, 630; People v. Toledo (2001) 26 Cal.4th 221, 227-228.) The element of sustained fear is satisfied "where there is evidence that the victim's fear is more than fleeting momentary or transitory." (People v. Culbert (2013) 218 Cal.App.4th 184, 190-191; People v. Fierro (2010) 180 Cal.App.4th 1342, 1347.) "Any person who personally uses a firearm in the commission of a felony or attempted felony shall be punished by an additional and consecutive term of imprisonment . . . ." (§ 12022.5, subd. (a).) "Although the use…