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Name: People v. Zichko
Case #: B169184
Court: CA Court of Appeal
District 2 DCA
Division: 6
Opinion Date: 05/20/2004
Subsequent History: Rehrg. den. 6/4/04; Rev. den. 8/11/04

Appellant was found not guilty of reason of insanity of making a criminal threat in violation of Penal Code section 422. He was committed to the Department of Mental Health. On appeal, he contended that the trial court erred by failing to intruct the jury with CALJIC 2.71 that the statement which constituted the threat (that he would come back and shoot everyone in the head) should be viewed with caution as they were out-of-court admissions. The appellate court rejected the argument, concluding that 2.71 is not to be given when the defendant’s words constitute the crime itself.