California Court of Appeal

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People v. Culbert, B238633

Defendant's conviction and sentence for making criminal threats when he held an unloaded gun to his stepson's head and pulled the trigger are: 1) affirmed in part, where substantial evidence supports the jury's finding that defendant threatened to commit a crime that would result in death or great bodily injury to the stepson and that the stepson suffered sustained fear, and the trial court did not abuse its discretion when it admitted evidence of defendant's 1999 conviction for making a criminal threat against his ex-wife; but 2) reversed in part, as to the the five year sentencing enhancement and the firearms and ammunition possession offenses because his prior felony conviction was reduced to a misdemeanor and dismissed.

Appellate Information

  • Decided 07/24/2013
  • Published 07/24/2013

Judges

  • YEGAN

Court

  • California Court of Appeal

Counsel

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