California Court of Appeal

Conviction under Penal Code section 69 of deterring or preventing, by means of any threat or violence, an executive officer from performing a duty imposed by law, is affirmed where: 1) there is sufficient evidence a defendant combined threatening language with threatening physical behavior, he may be convicted, under section 69, of threatening unlawful violence without running afoul of the First Amendment; and 2) the trial court did not err by failing to instruct the jury that a threat under section 69 must be a "serious expression of intention to inflict bodily harm," because that is not an element of the crime.

Appellate Information

• Decided 06/22/2012
• Published 06/22/2012

Judges

• ALDRICH

Court

• California Court of Appeal

Counsel