Wilson

*795 Opinion

INTRODUCTION

Appellant/defendant Anthony Wilson, a prisoner at California Correctional Institution, Tehachapi, declared to Correctional Officer Bryan Thomberry that he could find anyone and “blast” them, he had killed officers, he had done it before and he would do it again, and he would find Thomberry and “blast” him when he was released on parole in 10 months. After a jury trial, defendant was convicted of count I, criminal threats (Pen. Code, 1 § 422), and count II, threats to the staff of an exempt employee of the Governor (§ 76, subd. (a)(1)), and the jury found true the special allegations that he had four prior strike convictions (§ 667, subds. (c)-(j)) and served four prior prison terms (§ 667.5, subd. (b)). He was sentenced to third strike terms of 25 years to life for both counts I and II, plus four years for the prior prison term enhancements (§ 667.5, subd. (b)). The court stayed the term imposed for count II pursuant to section 654.

On appeal, defendant contends both convictions are not supported by substantial evidence, and the court committed instructional error as to the elements of section 76. We will find defendant’s conviction for making criminal…

The majority opinion affirms Anthony Wilson’s conviction of violating Penal Code 1 section 422, concluding that Wilson’s threat “convey[ed]” the “immediate prospect of execution” required by the statute even though the victim understood that the threat could not be carried out for 10 months. The majority also holds that the requirement of an immediate prospect of execution imposes no time limit during which the threat must be carried out. I respectfully dissent from this conclusion because (1) it conflicts with the plain meaning of section 422; (2) no case has held that a prospect of execution 10 months away is an *824 immediate prospect of execution; and (3) there is no support for the majority’s view that the Legislature did not intend to create any time limitation when it determined that a punishable threat must convey an immediate prospect of execution to the victim. I concur in the remainder of the majority opinion, including the holding that Wilson’s conviction of violating section 76, and the life sentence for that offense, must be affirmed.

I begin with the many points regarding section 422, upon which I agree with the majority, as I take issue with only one. The majority…

Appellant/defendant Anthony Wilson, a prisoner at California Correctional Institution, Tehachapi, declared to Correctional Officer Bryan Thornberry that he could find anyone and "blast" them, he had killed officers, he had done it before and he would do it again, and he would find Thornberry and "blast" him when he was released on parole in 10 months. After a jury trial, defendant was convicted of count I, criminal threats (Pen. Code, [1] § 422), and count II, threats to the staff of an exempt employee of the Governor (§ 76, subd. (a)(1)), and the jury found true the special allegations that he had four prior strike convictions (§ 667, subds. (c)-(j)) and served four prior prison terms (§ 667.5, subd. (b)). He was sentenced to third strike terms of 25 years to life for both counts I and II, plus four years for the prior prison term enhancements (§ 667.5, subd. (b)). The court stayed the term imposed for count II pursuant to section 654.

On appeal, defendant contends both convictions are not supported by substantial evidence, and the court committed instructional error as to the elements of section 76. We will find defendant's conviction for making criminal…