People v. Griffin CA2/5

I. INTRODUCTION

A jury convicted defendant Phillip Dean Griffin of attempted criminal threat and found true the allegation that he used a deadly and dangerous weapon. On appeal, defendant contends that the trial court erred in instructing the jury on the elements of his crime and the sentencing enhancement. The Attorney General concedes both errors, but maintains that defendant was not prejudiced by the court’s failure to instruct adequately on attempted criminal threat. We affirm the judgment as modified.

II. BACKGROUND

A. Information

On April 25, 2019, the Los Angeles County District Attorney charged defendant by information with assault with a deadly weapon, in violation of Penal Code section 245, subdivision (a)(1) (count 1);1 and making a criminal threat, in violation of section 422, subdivision (a) (count 2). The District Attorney additionally alleged, among other sentencing enhancements, that defendant personally used a deadly and dangerous weapon, within the meaning of section 12022, subdivision (b)(1), in connection with count 2.

All further statutory references are to the Penal Code.

2 B. Trial Evidence

On March 26, 2019, Francisco Ramirez, a security…