Allen

I

Introduction

Although the statute does not define the term, Penal Code section 422 requires that the defendant’s threat cause the victim to be in “sustained fear.” In this case, the defendant threatened to kill the victim and her daughter while pointing a gun at the victim. The victim telephoned the police, who arrested the defendant in approximately 15 minutes. We hold that in these circumstances, the victim’s fear lasted long enough to satisfy the statutory element of “sustained fear.”

Carl Frank Allen (Allen) appeals a judgment entered following a trial by the court resulting in Allen’s conviction for two counts of terrorist threats (Pen. Code, § 422), three counts of stalking (Pen. Code, § 646.9, subd. (b)), first degree residential burglary (Pen. Code, § 459), and assault likely to produce great bodily injury and with a deadly weapon (Pen. Code, § 245, subd. (a)(1)).

The trial court sentenced Allen as follows. Count two (terrorist threats), to the high term of three years for the base term, plus four years pursuant to Penal Code section 12022.5. Counts three, six, and seven (stalking), to one-third the midterm of two years, for a total of eight months as to…