California, United States of America
The following excerpt is from In Re: Marcus T. v. The People, 107 Cal.Rptr.2d 451, 89 Cal.App.4th 468 (Cal. App. 2001):
Respondent argues that it is not because the Penal Code section 71 violation requires an intent to influence the performance of an officer's official duties, and no such intent was alleged as to the terrorist threat. This argument begs the question. The issue is not whether the pleading used the same language to describe the two crimes. It is whether the accusatory pleading described the offenses in such a way that if committed as specified, the criminal conduct prohibited by section 422 encompassed the criminal conduct prohibited by section 71. (People v. Lopez (1998) 19 Cal.4th 282, 290.)
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