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PEOPLE v. AVILA

No. B216207.

191 Cal.App.4th 717 (2011)

THE PEOPLE, Plaintiff and Respondent, v. DANIEL AVILA, Defendant and Appellant.

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

January 6, 2011.

Attorney(s) appearing for the Case

Richard B. Lennon , under appointment by the Court of Appeal, for Defendant and Appellant.

Edmund G. Brown, Jr. , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Pamela C. Hamanaka , Assistant Attorney General, Lawrence M. Daniels , and Michael R. Johnsen , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J.—

A criminal defendant has a hard enough time defending the underlying charge. He should not "pick a new fight" with the prosecutor and yet another fight with his court-appointed counsel, i.e., he should not threaten to kill them thereby creating two new cases to defend. Here, appellant is charged with having done exactly that. He created two new felony cases against himself by threatening both the prosecutor and his...

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