P. v. Bravo
Defendant was convicted of two counts of misdemeanor assault (Pen. Code, 240; all further references are to this code), lesser included offenses of the charged offenses of aggravated assault with a deadly weapon, and two felony counts of making a criminal threat ( 422). He was acquitted of attempted murder and first degree burglary. He was sentenced to the midterm of two years for each of the criminal threat counts. Sentencing on the misdemeanor assaults was suspended. Defendant contends that, as to one of the criminal threat counts, there was insufficient evidence the victim was reasonably in sustained fear for his safety, an element of the offense. As a result, he concludes, the conviction should be reversed or, alternatively, the conviction should be reduced to attempted criminal threat.
Court issued an order requesting the parties to brief whether a single statement made in the course of an altercation constitutes a threat under section 422. Because we conclude there was sufficient evidence of sustained fear, we need not determine the issue of attempted criminal threat or the issue Court raised in our order for further briefing.
Comments on P. v. Bravo