Brown

A jury convicted appellant of making “terrorist threats” (Pen. Code, § 422; counts 5 and 6), intimidating witnesses (§ 136.1, subd. (c)(1); counts 7 and 8), being a felon in possession of a firearm (§ 12021, subd. (a); counts 9 and 10) and found true firearm use (§ 12022.5; counts 5, 6, 7, and 8) and prior felony conviction allegations (§§ 667.5, subd. (b) and 667, subd. (a)). Appellant was sentenced to a 15-year, 8-month state prison term.

Appellant contends: (1) section 422 prohibits only unconditional threats and therefore he did not violate it and (2) he is entitled to additional custody credits.

We conclude both contentions are correct and accordingly reverse the section 422 convictions, correct the abstract of judgment regarding custody credits but otherwise affirm the convictions and judgment.

Factual Background

Since the only dispute is the meaning of a statute, the facts may be stated simply. Our perspective favors the judgment. (People v. Barnes (1986) 42 Cal.3d 284, 303-304 [ 228 Cal.Rptr. 228 , 721 P.2d 110 ].)

Gloria Ortega, who came to the United States from Guatemala, and Nora Moya, who came to the United States from Mexico, were friends and neighbors.…