People v. Estrada CA1/4

Filed 3/28/24 P. v. Estrada CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A168623 v. FRANCISCO ESTRADA, (Sonoma County Super. Ct. No. SCR7529531) Defendant and Appellant.

Francisco Estrada challenges his conviction for attempted criminal threats to his niece, Mariah Ackerman. (See Penal Code §§ 422, subd. (a), 664.) Estrada, Ackerman, and Ackerman’s then-boyfriend, Cody Heagney, were socializing one night, and attempted to go to a comedy show. Estrada became angry when Ackerman was denied entry to the show, and began to argue with security employees and then with Ackerman. Estrada, Ackerman, and Heagney then all returned to Estrada’s car and drove away. During the drive and at various stops along the way, Estrada assaulted and threatened to kill Ackerman and Heagney. When Ackerman and Heagney got out of Estrada’s car and ran to his nearby apartment, Estrada made one or more additional threats. Estrada contends that the trial court erred by failing to instruct the jury that it had to agree unanimously on the specific threat he made to

Ackerman. The Attorney General argues that no instruction was required because the threats to Ackerman were part of a single, continuous course of conduct and Estrada presented a unified defense to all the threats directed at her. We affirm because we agree that no unanimity instruction was required. BACKGROUND I. Facts At trial, Heagney testified that he, Estrada, and Ackerman had met up on the day of the crimes with the plan to “hang out” and then go to a comedy show in the evening. All three were drinking at Estrada’s apartment and went to a restaurant before heading to the show. In the parking lot, Estrada showed Heagney a gun in the trunk of his car, although Heagney agreed that Estrada “was showing it to [him] like check this out this cool thing I have.” Other testimony established that the gun was gold-colored and was not operational. Ackerman, then 18 years old, was under the 21-year age limit for the show, and when she was denied entry, Estrada began to argue with security. Ackerman attempted to intervene, but all three eventually returned to Estrada’s parked car, where Ackerman and Estrada “started arguing and fighting.” All three got into the car, with Estrada driving. The arguing between Estrada and Ackerman escalated. When Estrada stopped the car at a traffic light, he and Ackerman had a physical altercation. Estrada threatened to kill both Heagney and Ackerman, and told them to get out of the car. Ackerman and Heagney got back in the car and the three continued to drive. The arguing and physical fighting continued. Heagney was concerned after having seen Estrada’s gun, but he and Ackerman also needed to get back to Estrada’s apartment to retrieve their belongings, including the keys