When defendant threatened to blow up his mother's home, in what circumstances would he be convicted of making a criminal threat against her?

California, United States of America


The following excerpt is from People v. Ortega, B275292 (Cal. App. 2017):

was filling the residence, so much so that N. had to be taken to the window to breathe. Moreover, furniture had been piled in the living room, and even Sara herself admitted at trial she feared that the apartment would blow up. On this evidence, the notion that defendant threatened only to kill himself, and not to kill Sara and the children as well by causing the house to explode, would require the jury to be blind to the obvious: Sara's extrajudicial statement that he threatened to kill himself and his family was the only rational explanation of the incident. Without doubt, judged under the substantial evidence standard (reviewing the whole record in the light most favorable to the judgment, and drawing all reasonable inferences in support (People v. Ochoa (1993) 6 Cal.4th 1199, 1206-1207), the evidence was sufficient to support defendant's conviction of making a criminal threat against Sara.

II. Section 654

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