P. v. Smith
Jimmy D. Smithwasaggressive, angry, and agitated while inside a public library. When the librarian escorted him out the door and told him to go home (Smith lived across the street from the library), Smith replied, "Fuck you, bitch. I'm going to go home and get a gun and come back and kill you" or "You're siding with them now, bitch? I'm going to go get my gun and shoot you."Fearing Smith would carry out his threat, the librarian locked the door and calledthe police.
Smith appeals his conviction of making a criminal threat in violation of Penal Code[1] section 422, asserting there was insufficient evidence to support his conviction. He also contends aprobation condition limiting his residence to one approved by his probation officer violates his constitutional right to travel and freedom of association. Neither contention has merit, and we affirm the judgment.
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