Avila

We hold that an incarcerated defendant charged with threatening the life of or threatening serious bodily harm to an elected public official within the meaning of Penal Code section 76 1 need not have a “stated release date” to have the “apparent ability to carry out that threat.”

Daniel Avila was convicted in a jury trial of six counts of making criminal threats (§ 422), and six counts of threatening elected public officials, here six deputy district attorneys (§ 76). The trial court sentenced appellant to prison for six years four months for the section 422 offenses. (§ 654.) It stayed identical terms for the section 76 offenses. The abstract of judgment also includes an order that appellant have “no contact with” the victims of his threats.

Appellant does not attack the section 422 convictions or the sentence imposed thereon. He does contend that he did not violate section 76 as a matter of law because he was incarcerated when he made the threats and did not have “a stated release date.” This contention is without merit. He meritoriously contends the “no contact” order must be stricken because it was not imposed by the trial court at the sentencing hearing.

Facts…