People v. Walsh CA2/8

Filed 9/19/14 P. v. Walsh CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, B254032

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA099839) v.

RAYMOND JOSEPH WALSH,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Mike Camacho, Judge. Affirmed.

Steven A. Brody, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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A jury convicted Raymond Walsh of one count of making a criminal threat, with a finding that he personally used a firearm in the commission of the offense, and one count of misdemeanor brandishing a firearm. (Pen. Code, §§ 422, subd. (a); 12022.5, subd. (a); 417, subd. (a)(2).)1 The trial court sentenced Walsh to an aggregate term of six years in state prison consisting of the high term of three years for the threat conviction, plus the low term of three years for the firearm enhancement. The court imposed a term of six months for the brandishing conviction, and ordered execution of sentenced stayed pursuant to section 654. We affirm. FACTS Examined in light of the usual standard of review on appeal (see, e.g. People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence at trial established the following facts. Walsh lived across the street and one door down from Salvador Ceja (the victim) on East Portner in West Covina. At about 10:00 p.m. one night in October 2012, Ceja and his two children and girlfriend returned home from a vacation in the family’s recreational vehicle (“RV”). As Ceja was moving cars out of his driveway and backing the RV into the driveway, Walsh came outside and started yelling at Ceja. Walsh repeatedly yelled statements to the effect that he was “tired of [Ceja’s] shit.” Also: “Your time is coming, mother fucker. You don’t know.” Further: “I’m dying, but before I die, I’m going to make sure I take you with me.”2 Walsh said he could “pick [Ceja] off from anywhere,” and said, “I’m going to kill you.” Walsh’s threats scared Ceja, and he telephoned the police. Walsh also called the police.3 As Ceja waited outside for the police to arrive, he heard a noise that sounded like a shotgun being loaded, and saw Walsh at his house, holding something that looked like the barrel of gun.