People v. Gonzalez
California Supreme Court
1Opinion of the CourtCorrigan, J.
*1140 Under Penal Code section 422, it is a crime to threaten infliction of great bodily injury or death on another "with the specific intent that the statement, made verbally, in writing, or by means of an electronic communication device, is to be taken as a threat...." (Pen. Code, § 422, subd. (a).) The question here is whether defendant's conduct, which included a hand gesture unaccompanied by words or sound, qualifies as a "statement, made verbally." We conclude it does not and reverse the Court of Appeal's contrary judgment.
I. FACTS AND PROCEDURE
On March 24, 2013, an off-duty Cathedral City…
Also in this document: Concurrence.
2Cases cited15 opinions
- United States v. O'BrienSupreme Court of the United States · 1968
- Rumsfeld v. Forum for Academic and Institutional Rights, Inc.Supreme Court of the United States · 2006
- Greenlaw v. United StatesSupreme Court of the United States · 2008
- People v. MendozaCalifornia Supreme Court · 2000
- People v. ToledoCalifornia Supreme Court · 2001
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