People v. Hagee CA6

Filed 7/2/15 P. v. Hagee CA6

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, H039966

(Santa Cruz County Plaintiff and Respondent, Super. Ct. No. F24266)

v.

DAVID JAMES HAGEE,

Defendant and Appellant.

Defendant David James Hagee stole food from a grocery store and threatened to kill a security guard, requiring the security guard to use pepper spray to subdue him. On appeal from his conviction for making criminal threats (Pen. Code, § 422, subd. (a))1 and petty theft (§ 484, subd. (a)), defendant claims there was insufficient evidence of sustained fear to support the criminal threats conviction and that flaws in the jury instructions prejudiced the proceedings such that he is entitled to a new trial. For the…