People v. Perez CA4/3

INTRODUCTION

Defendant Gabriel Rubio Perez appeals after a jury found him guilty of two counts of domestic battery with corporal injury, two counts of making criminal threats, and one count of possession of a firearm by a felon. Perez contends insufficient evidence supported his conviction for one of the two counts of making criminal threats, charged as count 3, in the information. We affirm. Substantial evidence supported Perez’s conviction on count 3 for making criminal threats in violation of Penal Code section 422. (All further statutory references are to the Penal Code.)

FACTS

Perez solely argues in this appeal that insufficient evidence supported his conviction for making criminal threats (as charged in count 3). Given the limited scope of Perez’s appeal, our summary of facts is limited to evidence relevant to that offense. On October 13, 2010, Perez lived in an apartment with his girlfriend, Lesly Lemus, Lemus’s 18-month-old son, Perez’s nephew, his nephew’s wife, and their baby. Lemus was seven months pregnant with Perez’s child; they had lived together for about six months. Lemus had experienced a difficult pregnancy up until that time. At 2:00 a.m., Lemus was sleeping…