In re S.D.
Appellant "minor" appeals from judgment of the juvenile court declaring her a ward of the court pursuant to Welfare and Institutions Code section 602 and placing her on home probation after finding that she prevented a teacher from performing her duties by threatening to inflict unlawful injury in violation of Penal Code section 71. She contends that each of her communications to the teacher deserved First Amendment protection. She further contends there is insufficient evidencethat (1) she meant either of the communications as a threat, (2) she intended to affect the teacher's performance, or (3) she had the apparent ability to carry out any possible threat. Finally, she claims that because the prosecutor argued two separate incidents under one charge without electing one on which to rely, the court may have confused the evidence when it made itsfinding, thus denying her due process in defending herself. For reasons explained in this opinion, court reject each contention and affirm.
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