Lopez

People v. Lopez

Good Law
1999 Cal. App. LEXIS 793·74 Cal. App. 4th 675·88 Cal. Rptr. 2d 252·99 Daily Journal DAR 8957·99 Cal. Daily Op. Serv. 7043
Court of Appeal of CaliforniaAugust 26, 1999B127093California1,477 words

Opinion

Opinion

Gilbert, J.

Defendant Antonio Lopez was convicted and imprisoned for making terrorist threats. (Pen. Code, § 422.) He had said to his father’s girlfriend, among other things, “I’m going to get my friends out here to kill you.”

We hold that for purposes of determining whether Lopez is a mentally disordered offender (MDO), his conviction of section 422 involved a threat of immediate force or violence likely to produce substantial physical harm, as required by section 2962, subdivision (e)(2)(Q).

Lopez appeals a judgment committing him to the California Department of Mental Health after a jury determined him to be an MDO. We affirm.

Facts

According to a probation officer’s report, in 1995 Lopez threatened his father’s girlfriend, Betty, during a family argument. Lopez stated that he wanted to get a gun to shoot her “between the eyes” and that he had friends on parole who could kill her. Doctor Silva-Palacios recounted Lopez’s threat, as set forth in an undescribed document: “My father should have put the gun between your eyes and blown your head off. You’re a snitch. I’m going to get my friends out here to kill you.”

The threats frightened and intimidated Betty. She left Lopez’s…

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