California, United States of America
The following excerpt is from People v. Garcia, E061799 (Cal. App. 2015):
The offense of attempted criminal threats is a lesser included offense of criminal threats. (People v. Toledo, supra, 26 Cal.4th at p. 230.) A defendant is guilty of attempted criminal threats if "acting with the requisite intent, [he] makes a sufficient threat that is received and understood by the threatened person, but, for whatever reason, the threat does not actually cause the threatened person to be in sustained fear for his or her safety even though, under the circumstances, that person reasonably could have been placed in such fear . . . ." (Id. at p. 231.) The difference between criminal threats and attempted criminal threats is whether or not the defendant's threats actually caused the victim to be in sustained fear. Defendant concedes that the evidence was sufficient to show that Angela was in sustained fear. He argues, however, that substantial evidence
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