People v. Millan CA4/2

Filed 4/28/16 P. v. Millan CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, E064918

v. (Super.Ct.No. RIF1502679)

ERICK JOE MILLAN, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of Riverside County. Helios (Joe) Hernandez,

Judge. Affirmed.

Eric E. Reynolds, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Plaintiff and Respondent.

1

FACTUAL AND PROCEDURAL HISTORY

A. PROCEDURAL HISTORY

On May 6, 2015, an information charged defendant and appellant Erick Joe Millan

(defendant) with one count of making a criminal threat under Penal Code1 section 422.

The information also alleged pursuant to sections 667, subdivisions (c) and (e)(1), and

1170.12, subdivision (c)(1), that defendant had a prior conviction for a serious and