California Court of Appeal

Conviction of defendant for threatening a victim or witness who provided assistance to law enforcement in a criminal proceeding where defendant was prosecuted for stealing $250,000 in cash from an 88-year old is affirmed as defendant's overbreadth challenge to Penal Code section 140(a) is rejected as it does not regulate speech protected by the First Amendment and does not violate the First Amendment as applied in defendant's case.

Appellate Information

• Decided 12/21/2009
• Published 12/21/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• William D. Farber, San Jose, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Gil Gonzalez, Deputy Attorney General, for Plaintiff and Respondent.