People v. Teal

Opinion

WOODS, J.

— A jury convicted appellant of threatening to kill Daniel Martinez (Pen. Code, § 422; count I; statutory references, unless otherwise noted, are to the Penal Code) and violating a restraining order (§ 166, subd. (a)(4); count II), a misdemeanor. The trial court, in a bifurcated proceeding, found true allegations appellant had four serious felony convictions, each a “strike” (§§ 1170.12, subds. (a)-(d), 667, subds. (b)-(i)), and two state prison priors (§ 667.5, subd. (b)). Appellant was sentenced to state prison for 25 years to life.

Appellant contends: (1) there is insufficient evidence he knew the victim was present when he made the threats; (2) the trial court erred in admitting prejudicial evidence; and (3) the trial court erred in refusing to reduce the count I threat conviction. We find no error and affirm the judgment.

[279]

Factual Background

The facts may be stated simply because the trial consisted of one witness’s testimony, the victim’s.

Mr. Martinez lived with his wife and daughters at 628 West 19th Street in San Pedro. Mrs. Martinez’s niece, Carol Hammel, lived nearby on her boat with her boyfriend, appellant. Mr. Martinez first met appellant in 1994 when Carol Hammel brought him to a family gathering.

Appellant and Carol Hammel frequently argued and in 1995, Carol Hammel left appellant, took their infant daughter, and went into hiding.

After Carol Hammel went into hiding appellant repeatedly came to the Martinez residence demanding to see Carol and his daughter. Appellant was angry, aggressive, and intimidating. Mr. Martinez was frightened because he had no access to Carol Hammel, could not satisfy appellant, and appellant was angry and dangerous.

One day in July 1995, when Mr. Martinez came home from work, his wife was crying. She said appellant had been there an hour before, had showed her bullets, said he had a gun to use them, and had killed people.

On July 26, 1995, Mr. Martinez obtained a temporary restraining order against appellant.