Mendoza

Appellant, Angel M. Mendoza, appeals from a judgment of conviction for making a terrorist threat (Pen. Code, § 422) 1 and for dissuading a witness by force, or express or implied threat of force or violence (§ 136.1, subd. (c)(1)). He contends the evidence was insufficient to support the convictions. Alternatively, he argues in the event this court finds the convictions are supported by substantial evidence, then the concurrent sentence imposed for the second offense must be stayed under section 654.

We conclude substantial evidence supports the convictions. However, we agree that because both offenses were incidental to one objective the concurrent sentence imposed on the second conviction must be stayed. We therefore modify the judgment to stay punishment on the second conviction and affirm as modified.

Facts and Proceedings Below

Appellant is a member of the Happy Town criminal street gang in Pomona. His brother, Ronald Mendoza, is also a member of the Happy Town street gang. By the time of trial Elva Arambula had known appellant and his brother for four or five years. She was familiar with them because she had been an associate of Happy Town until she gave birth to…

I join in the opinion of Justice Johnson.

I write separately to highlight the analysis required by Penal Code section 422 (statutory references are to the Penal Code).

California law has many threat statutes. (See §§ 69,71,76,95,136.1,137, subd. (b), 139, 140, 422, 422.6, 646.9, 653m, 2947, 4503, 11412.) Their elements vary.

Section 422 is addressed to any person. (Some threat statutes target a narrow class, e.g., § 139 applies only to a “person who has been convicted of *1347 any felony offense specified in Section 12021.1 . . . .”) It prescribes two mental states (“willfully threatens” and “with the specific intent that the statement is to be taken as a threat”) and eliminates one (“even if there is no intent of actually carrying it out”). It requires that “death or great bodily injury” be threatened (cf. §§ 69 [“any threat” (italics added)], 95, subd. (c) [“any threat”], 71 [“a threat ... to inflict an unlawful injury upon any person or property”]). It does not require the threat be directly conveyed to the threatened person 1 (cf. §§71 [“a threat, directly communicated to such person” (italics added)], 11412 [“a threat, directly communicated to such person” (italics…

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General,

Jaime L. Fuster and Ana R. Duarte, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

JOHNSON, J.

Appellant, Angel M. Mendoza, appeals from a judgment of conviction for making a terrorist threat (Pen. Code, § 422) [1] and for dissuading a witness by force, or express or implied threat of force or violence (§ 136.1, subd. (c)(1)). He contends the evidence was insufficient to support the convictions. Alternatively, he argues in the event this court finds the convictions are supported by substantial evidence, then the concurrent sentence imposed for the second offense must be stayed under section 654.

We conclude substantial evidence supports the convictions. However, we agree that because both offenses were incidental to one objective the concurrent sentence imposed on the second conviction must be stayed. We therefore modify the judgment to stay punishment on the second conviction and affirm as modified.

Appellant is a member of the Happy Town criminal street gang in Pomona. His brother, Ronald Mendoza, is also a member of…