People v. Sanchez-Garcia CA5

INTRODUCTION

Appellant Oscar Sanchez-Garcia was convicted of one count of making criminal threats (Pen. Code, § 422)1 for threatening to kill his mother. He was sentenced to the second strike term of six years in prison. On appeal, Sanchez-Garcia contends his conviction must be reversed for insufficient evidence. He also argues the court improperly permitted the prosecution to introduce evidence that he called his mother from jail and encouraged her not to appear in court and about a prior incident when he assaulted his mother that occurred three years earlier. He separately argues his trial attorney was prejudicially ineffective for failing to request an instruction on voluntary intoxication. Finally, he contends that remand is required for the court to determine whether he has the ability to pay the restitution fine and other fees. We filed an opinion affirming the judgment on January 24, 2022 (People v. Sanchez-Garcia (Jan. 24, 2022, F078939) [nonpub. opn.]). Thereafter, Sanchez-Garcia filed a petition for rehearing arguing two statutory enactments signed by the Governor on October 8, 2021, Senate Bill No. 567 (2021-2022 Reg. Sess.) (Senate Bill No. 567) and Assembly Bill No.…