On appeal, on appeal, what are the elements of the Prosecution's case?

On appeal, defendant contends the trial court erred in failing to instruct the jury, sua sponte, on the lesser included offense of attempted criminal threats; we must remand the matter to the trial court for it to exercise its section 1385 discretion whether to strike the section 667, subdivision (a)(1) five-year enhancement; and we should conduct an independent review of the sealed transcript of the trial court's in camera hearing conducted pursuant to Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess). We affirm the judgment and remand the matter to the trial court for it to exercise its section 1385

Page 3

discretion whether to strike defendant's section 667, subdivision (a)(1) enhancement.

A. The Prosecution's Case