People v. France CA1/1

I. BACKGROUND

Defendant was charged by information with one count of making a criminal threat in violation of Penal Code1 section 422. It was further alleged defendant suffered two prison term prior convictions. (§ 667.5, subd. (b).) A jury was unable to reach a verdict on the charges and a mistrial was declared on April 8, 2015. A second jury trial commenced on May 26, 2015. Two days later, the jury found defendant guilty of making a criminal threat. The trial court found the prior conviction allegations to be true. Defendant was sentenced to four years in state prison and ordered to pay restitution fines.

1 All statutory references are to the Penal Code. Defendant started a relationship with the victim, Ashley Toles, in November 2013. Around the same time, the two began living with each other. Toles described the early stages of the relationship as good, but said problems started in January 2014, around the same time Toles became pregnant with defendant’s child. Toles testified defendant “would get violent.” Defendant would hit Toles in the back of the head and grab her face and yell at her. Defendant would also hold Toles down by her neck and say, “[You] better love [me] or I…