People v. Jackson

Defendant Clifford Lamar Jackson, Jr., was charged with two counts of making criminal threats in violation of Penal Code section 422. A jury found him not guilty of the crimes charged but guilty on both counts of the lesser included offense of attempted criminal threats. (§§ 422, 21a.) On appeal, defendant argues that the trial court’s instructions did not adequately apprise the jury of the factual elements required to support the lesser crime. In particular, defendant maintains that the jury should have been instructed that to find him guilty of attempted criminal threat, it must have found that he specifically intended to make a threat that could “reasonably cause the person to be in sustained fear for his or her own safety or for his or her family’s safety.” (People v. Toledo (2001) 26 Cal.4th 221, 231 [ 109 Cal.Rptr.2d 315 , 26 P.3d 1051 ], italics added (Toledo).) We agree and reverse.

I. Factual and Procedural Background

Rosemary and William Rogers owned a house in Seaside, California, which they had rented to Judith Moore. In or about July 2004, they caused a notice of eviction to be served upon Moore. Moore agreed to move out and terminate her lease. On July 22,…