People v. Allen

Opinion

KITCHING, J.

I

Introduction

Although the statute does not define the term, Penal Code section 422 requires that the defendant’s threat cause the victim to be in “sustained fear.” In this case, the defendant threatened to kill the victim and her daughter while pointing a gun at the victim. The victim telephoned the police, who arrested the defendant in approximately 15 minutes. We hold that in these circumstances, the victim’s fear lasted long enough to satisfy the statutory element of “sustained fear.”

Carl Frank Allen (Allen) appeals a judgment entered following a trial by the court…