Zendejas

The court below, sitting without a jury, found appellant Elias Zendejas guilty of (1) threatening a public employee, a felony (Pen. Code, § 71); (2) making an annoying telephone call, a misdemeanor (Pen. Code, § 653m, subd. (a)); and (3) carrying a concealable firearm concealed within his vehicle, a misdemeanor (Pen. Code, § 12025, subd. (a)). The court suspended imposition of sentence and placed Zendejas on probation for three years, on certain specified conditions. Zendejas appeals from the order granting probation.

On appeal Zendejas challenges only his felony conviction. In essence he contends that as a matter of law, his conduct did not violate the provisions of Penal Code section 71. He also challenges the constitutionality of a portion of that statute. We find his arguments unmeritorious, and we therefore affirm the judgment.

I. Facts

In 1981 Zendejas became employed as a diesel mechanic at the Santa Clara Transportation Agency (hereinafter Transit). He worked in the overhaul and repair department, repairing and maintaining county buses. All went well for about the first six months; and then Zendejas became involved in a series of disputes with his immediate…