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PEOPLE v. LOWERY

No. S179422.

52 Cal.4th 419 (2011)

257 P.3d 72

128 Cal. Rptr. 3d 648

THE PEOPLE, Plaintiff and Respondent, v. EDDIE JASON LOWERY, Defendant and Appellant.

Supreme Court of California.

August 11, 2011.

Attorney(s) appearing for the Case

William D. Farber , under appointment by the Supreme Court, for Defendant and Appellant.

Edmund G. Brown, Jr. , and Kamala D. Harris , Attorneys General, Dane R. Gillette , Chief Assistant Attorney General, Gary W. Schons , Assistant Attorney General, Steven T. Oetting , Gil Gonzalez and Christine Levingston Bergman , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KENNARD, J.—

In a recorded telephone conversation with his incarcerated wife, defendant said he would kill Joseph Gorman, an 88-year-old man who had accused the couple of stealing $250,000 from his mobilehome and who had testified against them in court. Based on defendant's comments, he was charged with violating a state statute that prohibits "willfully" threatening violence against a crime witness or victim. (Pen. Code, §...

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