People V. Stanfield

Defendant Betty Jo Stanfield appeals from her conviction of making terrorist threats. She threatened that if her former attorney did not join her in bringing her "Universe Reform Party" into power, she would hire gang members to kill him. Appellate decisions conflict as to whether a threat containing such conditional language supports a conviction under Penal Code section 422. (Compare People v. Brooks (1994) 26 Cal. App. 4th 142 ["if you testify, I'll kill you" -- sufficient to support a  conviction] with People v. Brown (1993) 20 Cal. App. 4th 1251 ["if you call the police, I'll kill you" -- not sufficient].) Relying on Brown, a decision of Division Seven of this appellate district, defendant contends her conviction must be reversed. In accord with the Fourth District's decision in Brooks, we conclude that Penal Code section 422 may be violated by a threat containing conditional language. We affirm.