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PEOPLE v. ALLEN

Docket No. B075756.

33 Cal.App.4th 1149 (1995)

40 Cal. Rptr.2d 7

THE PEOPLE, Plaintiff and Respondent, v. CARL FRANK ALLEN, Defendant and Appellant.

Court of Appeals of California, Second District, Division Three.

March 29, 1995.

Attorney(s) appearing for the Case

COUNSEL

Murray A. Rosenberg, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Carol Wendelin Pollack, Assistant Attorney General, Kenneth C. Byrne, Alison Braun and James William Bilderback II, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

KITCHING, J. —

I

INTRODUCTION

Although the statute does not define the term, Penal Code section 422 requires that the defendant's threat cause the victim to be in "sustained fear." In this case, the defendant threatened to kill the victim and her daughter while pointing...

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