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Name: People v. Gaut
Case #: B149066
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 02/07/2002
Subsequent History: None

Appellant was convicted of making terrorist threats against a former girlfriend. The threats were communicated while appellant was incarcerated. On appeal, he argued that the prosecution failed to prove the threats were so unequivocal and immediate as to convey an immediate prospect of execution, because appellant’s incarceration made it impossible to carry out the threats. The appellate court here affirmed. Appellant had a lengthy history of both threatening and physically assaulting the victim, and it was reasonable for her to fear that he would follow through on the threats. Penal Code section 422 does not require an immediate ability to carry out the threat.