People v. Oliveira CA4/1

I.

BACKGROUND

A. Facts and Proceedings Leading to Convictions Oliveira disapproved of the relationship his daughter (Daughter) had with a Black man (S.K.) when she was 18 and 19 years old. In June 2010, Oliveira made Daughter sign a “contract” that she would cease all contact with S.K. and that if she breached the contract she and S.K would be killed without notice. Daughter ceased contact with S.K. after she signed the “contract” and resumed contact in December 2010. Oliveira then began sending Daughter and S.K. text messages and e-mails accusing Daughter of violating the “contract” and threatening S.K.’s life. In March 2010, flyers were posted at the college Daughter and S.K. attended that contained a photograph of S.K. and an offer of a $3,000 reward for his body, “dead or alive.” A copy of the flyer was later found on Oliveira’s computer. A jury found Oliveira guilty of solicitation of murder (Pen. Code, § 653f, subd. (b)) and making criminal threats (id., § 422). It found true the enhancement allegation that the criminal threats charge was a hate crime.

2 (Id., § 422.75, subd. (a).) In August 2011, the trial court sentenced Oliveira to prison for seven years four…