Orloff

*950 A person confined to a wheelchair is capable of making a criminal threat. Here the threats were directed to a peace officer and a pharmacy manager. Similar prior threats were directed to workers' compensation judges. We have compassion for a person confined to a wheelchair. However, pain and suffering does not give license to threaten people.

Sergius Apostolos Orloff appeals from the judgment entered after a jury had convicted him of making a criminal threat (Pen. Code, § 422 ) and attempting, by means of a threat, to deter an executive officer from performing his duties. (§ 69.) The trial court found true allegations that he had been convicted of a prior serious felony within the meaning of section 667, subdivision (a)(1), and a prior serious or violent felony within the meaning of California's "Three Strikes" law. (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d).) In the exercise of its discretion, the trial court dismissed the strike and sentenced appellant to prison for eight years, eight months. It suspended execution of the sentence and placed appellant on probation for 48 months on condition that he serve 365 days in county jail.

Appellant contends: (1) the evidence…