Felix

In a session with his psychotherapist, a patient makes threatening statements about his ex-girlfriend. Penal Code section 422 1 makes it a crime to threaten another with great bodily injury or death even when that threat is made to a third party with the intent that it be conveyed to the victim. Here we conclude, among other things, that the patient’s statements do not constitute a violation of section 422 even though the third party psychotherapist has a duty to warn the intended victim. It must be shown that the patient intended the threatening remarks to be communicated to the victim.

Fernando Felix appeals his judgment after conviction of kidnapping (count 8; Pen. Code, § 207, subd. (a)), making three terrorist threats (counts 5, 10 and 11; Pen Code, § 422), and leaving the scene of an accident (counts 6 and 7; Veh. Code, § 20001, subd. (a)). He was sentenced to state prison for eight years and four months. We reverse count 10, making a terrorist threat, but affirm all other counts.

Facts

The kidnapping

Felix was the former boyfriend of Julia Luckhart. They previously lived together with her three-year-old daughter, Glenda. Luckhart obtained a restraining order…