People v. Avalos CA2/8

Filed 3/13/26 P. v. Avalos CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B342870

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. VA160504) v.

JORGE AVALOS,

Defendant and Appellant.

APPEAL from judgment of the Superior Court of Los Angeles County, Lisa S. Coen, Judge. Affirmed. Steven A. Torres, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Charles C. Ragland, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Stephanie C. Brenan and Nancy Lii Ladner, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant Jorge Avalos challenges his upper-term sentence for making a criminal threat (Pen. Code, § 422, subd. (a)). (Further unspecified statutory references are to the Penal Code.) Even if trauma Avalos suffered contributed to his commission of that offense and gave rise to a presumptive low-term sentence (see § 1170, subd. (b)(6)(A)), the superior court was within its discretion, given unchallenged aggravating circumstances, to nonetheless impose the upper term. We therefore affirm. BACKGROUND In 2021, Avalos, violating a protective order, threatened to kill his father, Armando, while holding a glass “decoration.” This led to Armando obtaining, in 2022, a second protective order against his son. In 2023, Avalos was at his father’s home with his father’s parents when Armando returned home from work. Armando perceived his son was under the influence of drugs and alcohol and, based on past experiences, believed his son posed a danger. Armando told his son to leave, but Avalos responded rudely with a raised voice. Avalos threatened to “hit” and “sock” his father. When Avalos, who was also speaking to someone on a cell phone, retreated to his father’s storage shed, Armando, worried about his safety, locked Avalos inside. Avalos then explicitly threatened to kill his father, kill everyone in the house, and twice threatened to burn the house down. There was gasoline in the shed. Afraid for himself and his parents, Armando called 911. He told the dispatcher he had put away his knives because of “last time.” Police arrived at Armando’s home, but when they approached the shed, Avalos exited through a window and escaped. Later, Avalos returned to his father’s home and