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PEOPLE v. FELIX

No. B147530.

112 Cal.Rptr.2d 311 (2001)

92 Cal.App.4th 905

The PEOPLE, Plaintiff and Respondent, v. Fernando FELIX, Defendant and Appellant.

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

Review Denied December 19, 2001.

Attorney(s) appearing for the Case

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

Bill Lockyer, Attorney General, David P. Druliner, Chief Assistant Attorney General, Marc E. Turchin, Acting Senior Assistant Attorney General, Jaime L. Fuster, Assistant Supervising Deputy Attorney General, and Michelle M. Paffile, Deputy Attorney General, for Plaintiff and Respondent.

GILBERT, P.J.

In a session with his psychotherapist, a patient makes threatening statements about his ex-girlfriend. Penal Code section 4221 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...

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