California Court of Appeal

Sentence of a defendant for maliciously placing a false or facsimile bomb with the intent to cause others to fear for their safety is remanded as a violation of section 148.1(d) is punishable only as a misdemeanor as defendant is similarly situated to someone convicted of the misdemeanor of placing a false WMD that did not cause sustained fear, and the legislative history of the latter provision shows that no reason exists to treat the two offenses differently for purposes of punishment.

Appellate Information

• Decided 04/01/2010
• Published 04/01/2010

Judges

• RAYE, Acting P.J.

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Peggy A. Headley, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Stephen G. Herndon, Supervising Deputy Attorney General, Paul E. O'Connor, Deputy Attorney General, for Plaintiff and Respondent.