P.
P. v. Herrera CA4/1
Opinion
Opinion
Irion, J.
Filed 3/19/13 P. v. Herrera CA4/
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
COURT OF APPEAL, FOURTH APPELLATE DISTRICT
DIVISION ONE
STATE OF CALIFORNIA
THE PEOPLE, D061139
Plaintiff and Respondent,
v. (Super. Ct. No. SCN290154)
ANDREW MARK HERRERA,
Defendant and Appellant.
APPEAL from a judgment of the Superior Court of San Diego County, Harry M.
Elias, Judge. Reversed in part, affirmed in part.
A jury found Andrew Mark Herrera guilty of one count of first degree burglary,
(Pen. Code, § 459);1 one count of assault with a deadly weapon (§ 245, subd. (a)(1)); one
count of making a criminal threat (§ 422); and one count of attempting to make a criminal
threat (§§ 422, 664). The jury also made true findings that Herrera personally used a