What is sufficient evidence to sustain a finding for breach of section 422 of Section 422 of the Criminal Code for making a threat to kill a schoolgirl?

California, United States of America


The following excerpt is from People v. Zachery V. (In re Zachery V.), F077407 (Cal. App. 2019):

Victoria understood Zachery to be serious about carrying out his threat and was scared. Circumstances established that Zachery had ready access to the means with which to carry out his threat, namely, the unsecured guns owned by his father and grandfather. The context in which the threat was made, and the circumstances conveyed a gravity of purpose and immediate prospect of execution to the victim. (People v. Bolin, supra, 18 Cal.4th 297 at pp. 339-340.)

Victoria testified she was "scared" when Zachery made the threat; she was still scared when she reported the threat to the vice-principal the next morning. This is more than sufficient evidence to establish the sustained fear element of section 422. Sustained fear, for purposes of section 422, need only extend beyond what is fleeting or transitory. (People v. Wilson (2015) 234 Cal.App.4th 193, 201.)

The evidence is sufficient to sustain the true finding for a violation of section 422.

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