No. B172385.

30 Cal.Rptr.3d 315 (2005)

130 Cal.App.4th 601

The PEOPLE, Plaintiff and Respondent, v. Abel BANUELOS, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

As Modified on Denial of Rehearing July 18, 2005.

Attorney(s) appearing for the Case

Christopher C. Hawthorne, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, April S. Rylaarsdam, Zee Rodriguez, Deputy Attorneys General, for Plaintiff and Respondent.

Certified for Partial Publication.*


A jury convicted appellant Abel Banuelos of making a criminal threat under Penal Code section 4221 and of resisting a peace officer under section 69. The trial court sentenced appellant to state prison after finding during a bifurcated proceeding that he had been convicted of a prior serious felony within the meaning of the Three Strikes law (§ 1170...

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