In re Deonte W.
Appellant, a minor, appeals from a juvenile court order sustaining a Welfare and Institutions Code section 602 petition charging him with threatening a public employee in violation of Penal Code section 71. He contends that the evidence was insufficient to establish a violation of section 71 because the teacher who heard his comment about stabbing a security officer did not take it seriously and described appellants demeanor as playing.
The California Supreme Court has stated that a violation of section 71 requires the creation of a reasonable belief in the recipient that the threat would be carried out. In this case, the evidence does not show that the teacher recipient had such a belief. Consequently, we conclude that the evidence was insufficient to establish appellant made a true threat that violated section 71. Therefore, the true finding on the count that alleged a violation of section 71 is reversed. The findings on all other counts are affirmed. The matter is remanded for the entry of a new dispositional order.
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