Legal Opinion

People v. Berch

California Court of Appeal

Decided May 4, 2026No. B339641Published

1Opinion of the Court

Filed 5/4/26 CERTIFIED FOR PARTIAL PUBLICATION* IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION SIX THE PEOPLE, 2d Crim. No. B339641 (Super. Ct. No. 22CR05483) Plaintiff and Respondent, (Santa Barbara County) v. BRAD ZACK BERCH, Defendant and Appellant. In the published portion of this opinion, we hold that felony false imprisonment based on menace does not require a threat to inflict force that is greater than necessary to effectuate restraint on a person’s liberty. Because felony false imprisonment based on menace involves the threat to inflict injury…

2Cases cited23 opinions

  1. Strickland v. WashingtonSupreme Court of the United States · 1984
  2. People v. ClarkCalifornia Supreme Court · 2011
  3. People v. FreemanCalifornia Supreme Court · 1994
  4. The People v. MaiCalifornia Supreme Court · 2013
  5. People v. BlandCalifornia Supreme Court · 2002

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