People v. Garcia CA4/1

Filed 2/20/14 P. v. Garcia CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, FOURH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D063840

Plaintiff and Respondent,

v. (Super. Ct. No. SCD243268)

GONZALO GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Peter C.

Deddeh, Judge. Affirmed.

Richard Jay Moller, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

On March 25, 2013, a jury found defendant and appellant Gonzalo Garcia guilty

of making criminal threats and found that in making the threats Garcia had personally

used a knife. (Pen. Code,1 §§ 422, subd. (a) & 12022, subd. (b)(1).) The trial court

found that in 2010, Garcia had been convicted of first degree burglary, a prior strike

felony and a prior serious felony (§§ 667, subds. (a)(1), (b)–(i) & 1170.2); the trial court

also found Garcia had served a prior prison term (§ 667.5, subd. (b)). The trial court

sentenced Garcia to a total of 12 years in prison and imposed various fines and fees.