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Name: In re Ryan D.
Case #: C035092
Court: CA Court of Appeal
District 3 DCA
Opinion Date: 07/30/2002
Subsequent History: None

A minor painted a picture of him shooting the campus police officer in the head, and turned it in as a art class project. The instructor took the painting to school officials, who in turn showed it to the officer. The court held there was insufficient evidence to support the finding that the minor had commited a terrorist threat (Pen. Code, sec. 422). The evidence failed to establish the minnor intended to convey a threat to the officer. Under the circumstances in which it was presented, the painting did not convey a gravity of purpose and immediate prospect of the execution of a threat to commit a crime that would result in death or great bodily injury to the officer.