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Name: In re Sylvester C.
Case #: B179713
Court: CA Court of Appeal
District 2 DCA
Division: 7
Opinion Date: 03/09/2006

Where all elements of the crime of criminal threat were established except for the element of the victim’s fear, the minor was still guilty of attempt. The minor was charged with two counts of making a criminal threat, but only one of the alleged victims testified. The minor argued on appeal that because the second victim had not testified, the prosecution had failed to establish a necessary element of the offense, that the threat had actually caused the victim to fear for his safety. The Court of Appeal agreed, but held that the minor was guilty of attempted threat, rejecting the argument that an attempted threat requires affirmative proof beyond a reasonable doubt that the victim did not fear for his safety. A failure of proof on that element was sufficient under the circumstances.