People v. Larsen CA4/3

Filed 11/19/14 P. v. Larsen CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048829

v. (Super. Ct. No. 12HF1610)

CREEK SONDERHEDE LARSEN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Sarita Ordonez, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Charles C. Ragland and Stacy Tyler, Deputy Attorneys General, for Plaintiff and Respondent.

Creek Sonderhede Larsen appeals from a judgment after a jury convicted him of making a criminal threat and brandishing a deadly weapon. Larsen argues insufficient evidence supports his conviction for making a criminal threat. We disagree and affirm the judgment. FACTS One late June evening, 18-year-old Jacob Fioretto and 15-year-old Lauren A. were smoking in Lauren’s backyard, which was about 15-to-20-feet wide and was enclosed by a five-foot high cement wall. They had met recently. Lauren’s mother and her boyfriend were asleep upstairs. When Lauren and Fioretto went inside, Fioretto saw Larsen, who he understood to be Lauren’s ex-boyfriend, crouched on top of the backyard wall with a knife in his hand. Two days earlier, Larsen sent Fioretto a message on Facebook stating, “‘I’ll fucking kill you if you touch Lauren.’” Fioretto knew Larsen had previously stabbed or cut someone. Fioretto and Lauren went back outside. Larsen angrily asked Fioretto, “‘Did you just kiss her?’” Larsen jumped off the wall into the backyard. Larsen asked Fioretto, “Why are you with my girlfriend?” Lauren stated, “I’m not your girlfriend.” Fioretto anxiously asked Larsen, “Can we talk about this?” Larsen said, “‘You want to talk about this? I’m going to fucking kill you.’” Larsen grabbed Fioretto’s shoulder with his left hand and jabbed the knife, which had an eight-to-12-inch blade, at his stomach. Fioretto was scared and jumped back, while Lauren stepped between them and pushed Larsen away. Lauren said, “‘You’re not really going to stab’” Fioretto, and Larsen replied, “‘Oh, you don’t think I’ll stab anybody.’” As Fioretto ran inside, Larsen said, “‘Don’t worry, fucker. You’re going to die.’” Fioretto called his friend to pick him up because he was scared to walk home, but the friend could not help him. Fioretto got Larsen’s telephone number from Lauren. He sent a text message to Larsen telling him he would stay away from Lauren and asking Larsen not to hurt him. Larsen answered he was going to wait in the bushes and kill Fioretto at night.