People v. Gudger

Opinion

BOREN, P. J.

Appelant, Cynthia Gudger, made two telephone calls to the secretary of the presiding judge of the municipal court during which she threatened to buy a gun and shoot another judge handling an unlawful detainer matter against her if she was evicted from her apartment and became homeless. Appellant contends that her conviction for threatening the life of a judge (Pen. Code, § 76) 1 must be reversed because the statutory language defining the offense includes conditional threats which are not true threats and thus is overbroad in criminalizing speech which is protected by the…