People v. Gomez CA4/2

INTRODUCTION

Defendant Jose Antonio Gomez appeals from judgment entered following jury

convictions for making a criminal threat (Pen. Code, § 422;1 count 1) and assault with a

deadly weapon (§ 245, subd. (a)(1); count 2). Defendant admitted a prison prior

enhancement. (§ 667.5, subd.2 (b).) The trial court sentenced defendant to a prison term

of four years eight months.

Defendant contends there was insufficient evidence to support his criminal threat

conviction, and the trial court erred in failing to instruct sua sponte on the lesser-included

offense of attempted criminal threat. Defendant also argues permanent suspension of his

driving privileges under Vehicle Code section 13351.1, violated his constitutional equal

protection rights. We disagree and affirm the judgment but order the trial court to amend

its September 6, 2013 minute order and the abstract of judgment by deleting the

language, “License is suspended for life. Surrender driver license to the Court for

forwarding to DMV.” The trial court is also directed to insert a statement that defendant

was convicted of a felony violation of section 245 and the trial court found a vehicle

constituted the deadly…