California Court of Appeal

The circumstances surrounding the delivery of a poem about killing students demonstrated that defendant made a threat, pursuant to Penal Code section 422, and that he specifically intended his written statement "be taken as a threat." Defendant's First Amendment rights were not violated.

Appellate Information

• Decided 10/23/2002
• Published 10/23/2002

Judges

• MIHARA, J.

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Michael A. Kresser, Under Appointment by the Sixth District, Appellate Program, Santa Clara, Attorney for Appellant George T.


• For Appellees:
  
• Bill Lockyer, Attorney General of the State of California, Robert R. Anderson, Chief Assistant Attorney General, Ronald A. Bass, Senior Assistant Attorney General, Stan M. Helfman, Supervising Deputy Attorney General, Violet M. Lee, Deputy Attorney General, Attorneys for Respondent.