People v. Lowery

Opinion

KENNARD, J.

In a recorded telephone conversation with his incarcerated wife, defendant said he would kill Joseph Gorman, an 88-year-old man who had accused the couple of stealing $250,000 from his mobilehome and who had testified against them in court. Based on defendant’s comments, he was charged with violating a state statute that prohibits “willfully” threatening violence against a crime witness or victim. (Pen. Code, § 140, subd. (a) (section 140(a)); further undesignated statutory references are to the Penal Code.) A jury convicted defendant. On appeal, defendant argued that…