What is the test for admitting to a charge of making threats to kill a minor?

California, United States of America

The following excerpt is from People v. Tufunga, 65 Cal.App.4th 287, 76 Cal.Rptr.2d 521 (Cal. App. 1998):

We begin by accepting defendant's concession that the evidence was "properly admitted as proof of the element of the ... section 422 charge that the victim was in reasonable and sustained fear for her safety...." This conforms with our precedent (People v. McCray, supra, 58 Cal.App.4th 159, 171-173, 67 Cal.Rptr.2d 872), with the court's comments in ruling on the matter in limine, and with that part of the court's final instructions which allowed use of the evidence to show "the degree and reasonableness of a person's fear upon hearing threats of serious violence," an unambiguous reference to count 4 ( 422).

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