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Name: People v. Aispuro
Case #: F052506
Court: CA Court of Appeal
District 5 DCA
Opinion Date: 12/18/2007

An implied threat of harm, either verbally or physically, will support a conviction for felony false imprisonment and the threat of harm does not require the use of a deadly weapon or an express verbal threat to do additional harm. (Disagreeing with and distinguishing People v. Matian (1995) 35 Cal.App.4th 480.) Appellant accosted two young girls, laid his hands on them, caused them to cry, ordered them to sit in the middle of the street, and, when they refused, told them if they didn’t he would do something else. These words constituted sufficient evidence of an implied threat to harm so as to support the false imprisonment convictions.