California, United States of America
The following excerpt is from People v. Barron, E046288 (Cal. App. 9/30/2009), E046288. (Cal. App. 2009):
In making our determination, we do not reweigh the evidence, resolve conflicts in the evidence, draw inferences contrary to the verdict, or reevaluate the credibility of the witnesses. (People v. Little (2004) 115 Cal.App.4th 766, 771.) Resolution of conflicting evidence and credibility issues is for the jury to decide. (People v. Martinez (2008) 158 Cal.App.4th 1324, 1331.)
Analysis, The crime of criminal threat, as set forth in section 422, contains five elements: (1) that the defendant willfully threatened to commit a crime which will result in death or great bodily injury to another person; (2) that the defendant made the threat with the specific intent that the statement be taken as a threat, even if there is no intent of actually carrying it out; (3) that the threat was so unequivocal, unconditional, immediate and specific as to convey to the person threatened a gravity of purpose, and an immediate prospect of execution of the threat; (4) that the threat actually caused the threatened person to be in sustained fear for his or her own safety, or the safety of his or her immediate family; and (5) that the threatened person's fear was reasonable under the circumstances. (People v. Toledo (2001) 26 Cal.4th 221, 227-228.)
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