People v. Smith

I. INTRODUCTION

Defendant, Ronald Lee Smith, appeals from a judgment of conviction of corporal injury to a cohabitant and criminal threats. (Pen. Code, §§ 273.5, *478 subd. (a), 422.) (All further statutory references are to the Penal Code unless otherwise noted.) He was sentenced to four years eight months in state prison. He received credit for 123 days in presentence custody plus 60 days of conduct credit for a total presentence custody credit of 183 days. Defendant was orally ordered to pay an $800 restitution fine (§ 1202.4, subd. (b)), an $800 parole revocation restitution fine (§ 1202.45), “[a]nd any other mandatory court fees and costs as required.” In the published portion of this opinion, we hold that there was substantial evidence defendant made criminal threats within the meaning of section 422. We modify the judgment in part and affirm.

n. DISCUSSION

A. Criminal Threats

Defendant argues there was insufficient evidence to support his criminal threats conviction. We apply the following standard of review: “[We] must consider the evidence in a light most favorable to the judgment and presume the existence of every fact the trier could reasonably deduce from…