California Court of Appeal
People v. Avila, B232977
In appeal of conviction for threatening public officials, made while defendant was incarcerated, judgment is affirmed, where an incarcerated defendant charged with threatening the life of or threatening serious bodily harm to an elected public official within the meaning of Penal Code section 76 need not have a "stated release date" to have the "apparent ability to carry out that threat. However, the oral pronouncement of the sentence did not include a "no contact" order, and therefore the minute order should be corrected.
Appellate Information
- Decided 01/10/2013
- Published 01/10/2013
Judges
- YEGAN
Court
- California Court of Appeal