P. v. Shaw 1/28/05 CA4/1

State: California

Court: 1st District Court of Appeal 1st District Court of Appeal

Docket No: D042877M

Case Date: 04/20/2005

Preview:Filed 1/28/05 P. v. Shaw CA4/1

NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT DIVISION ONE STATE OF CALIFORNIA

THE PEOPLE, Plaintiff and Respondent, v.

D042877

(Super. Ct. No. SCE224064)
ORDER DENYING PETITION FOR REHEARING AND MODIFICATION OF OPINION [NO CHANGE IN JUDGMENT]

JAMES ALLEN SHAW,
Appellant and Defendant.

THE COURT:

The opinion filed in this case on January 7, 2005, is modified to delete the section entitled "Sufficiency of the Evidence" on pages 4 to 9. This section is replaced with the attached.

Except for the modification set forth above, the opinion previously filed remains unchanged. The request for rehearing is denied. [NO CHANGE IN JUDGMENT]

BENKE, Acting P.J. Copies to: All parties.

DISCUSSION I. Sufficiency of the Evidence 1. General Legal Principles To prove a violation of section 422, the prosecution had to show that Shaw (1) "willfully threaten[ed] to commit a crime which [would] result in death or great bodily injury to another person"; (2) made the threat "with the specific intent that the statement, . . . [was] to be taken as a threat, even if there [was] no intent of actually carrying it out"; (3) the threat ("made verbally, in writing, or by means of an electronic communication device") was "on its face and under the circumstances in which it [was] made, . . . so unequivocal, unconditional, immediate, and specific as to convey to the person threatened, a gravity of purpose and an immediate prospect of execution of the threat"; (4) the threat actually caused the person threatened "to be in sustained fear for his or her own safety or for his or her immediate family's safety"; and, (5) the threatened person's fear was "reasonabl[e]" under the circumstances. (

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