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Name: In re George T.
Case #: H023080
Court: CA Court of Appeal
District 6 DCA
Opinion Date: 10/23/2002
Subsequent History: Rev. granted 1/15/03: S111780

Appellant, a minor, challenged the sufficiency of evidence to prove that he made a criminal threat within the meaning of Penal Code section 422. The evidence showed that appellant had given “dark poetry” to other students which included references to bringing a gun to school and killing other students. The students and a teacher testified that they found the poetry personally threatening, and they feared that appellant would come to school and carry out his threats. The appellate court here found that substantial evidence supported the juvenile court’s finding. The threat was on its face so unequivocal and unconditional as to convey an immediate threat, and the victims experienced the reasonable “sustained fear” required by the section.