P. v. Worley CA2/8
A jury convicted David Worley of attempted criminal threats. The prosecution arose from an interaction between Worley and his father, in which Worley ranted to his father for an hour and a half about his delusional belief that his family was dead, and then screamed, while sitting in the street, “I will kill you.” Father interpreted the statement to be an expression of frustration, and asked the police to help his son obtain mental health treatment. Instead, Worley was charged with making a criminal threat. The prosecution later added an attempted threat charge, and the court dismissed the original criminal threats charge.
Worley appeals from his conviction of attempted criminal threat, and argues that there was no substantial evidence his words conveyed the requisite “immediate prospect of execution of the threat.” (People v. Toledo (2001) 26 Cal.4th 221, 228 (Toledo).) We agree and reverse.
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