In Re David L.

In this appeal we consider Penal Code section 422 which makes it a crime to threaten another with death or great bodily harm. We conclude, inter alia, that section 422 is violated as well when such a threat is communicated by the threatener to a third party and by him conveyed to the victim as when the threat is communicated by the threatener personally to the victim.

A petition pursuant to Welfare and Institutions Code section 602 alleged David L. committed misdemeanor battery (Pen. Code, § 242), attempted to dissuade a victim from reporting a crime (Pen. Code, § 136.1, subd. (c)(1)), and threatened to shoot another person (Pen. Code, § 422; further statutory references to sections of an undesignated code are to the Penal Code). The minor admitted the battery and the juvenile court dismissed the allegation of attempt to dissuade a victim. Following a jurisdictional hearing, the juvenile court sustained the allegation that the minor had threatened to shoot another person in violation of section 422. Committed to the Sacramento County Boys Ranch the minor appeals, contending the evidence does not make out a violation of section 422. We disagree.

On September 27, 1990,…