Lopez
People v. Lopez
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.”