People v. Corral CA2/1

Filed 2/24/15 P. v. Corral CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B252508

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA085867) v.

NOE CORRAL,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Alan B. Honeycutt, Judge. Affirmed. Gideon Margolis, under appointment by the Court of Appeal, for Defendant and Appellant Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Herbert S. Tetef, Deputy Attorneys General, for Plaintiff and Respondent.

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Noe Corral appeals from the judgment after a jury found him guilty of making criminal threats. Corral contends the trial court erred in failing to instruct the jury sua sponte on the lesser included offense of attempted criminal threats. We find the facts did not require an attempt instruction and affirm the judgment. FACTS AND PROCEEDINGS BELOW The victim of the threats, Ana Rios, told Gardena police officers that she was assaulted by defendant Corral a month earlier when they were passengers on a bus and that she later received threatening phone calls from him. Rios knew Corral because he had once dated her sister. The confrontation started when Rios and Corral were passengers on a bus and Rios told Corral not to talk to her or be around her or her children because she heard that he raped his sister. Corral hit Rios in the back as she got off the bus. After that, Corral called Rios numerous times leaving threatening messages on her voicemail. In a message played to the jury Corral told Rios: “Well, check this out bitch, you wanna fuckin’ put . . . my sister’s name in your mouth, and you wanna say some shit about my sister being raped? . . . Bitch, you’re gonna get dealt with. I’m will fuckin’ be seeing you soon bitch, and I’m gonna knock all your fuckin’ teeth out, bitch[.] I’m gonna fuckin’ put your ass in the hospital, that’s a fuckin’ serious issue right there. . . . [W]hen I see you, you’re fuckin’ gonna tell me and you’re gonna get beat the fucked down, bitch, I ain’t no fuckin’ joke bitch . . . . [¶] . . . I’m fuckin’ beat the fuck out of you because you fuckin’ said that I fuckin’ did somethin’ to my sister, bitch. . . . I will fuckin’ see you soon, bitch and I’m gonna motherfuckin’ . . . knock your fuckin’ teeth out . . . and stomp your fuckin’ head out with my sister in your mouth, fuckin’ tweaker ass fuckin’ whore.” Rios told the police that Corral left this message on her voicemail the previous day and that she was scared. She said she believed Corral could carry out his threats against her because he beat another girl from Gardena. When asked if she wanted to press charges Rios answered “Yeah.”