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PEOPLE v. AVILA

No. B232977.

212 Cal.App.4th 819 (2013)

151 Cal. Rptr. 3d 314

THE PEOPLE, Plaintiff and Respondent, v. DANIEL AVILA, Defendant and Appellant.

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

January 10, 2013.

Attorney(s) appearing for the Case

Rudy Kraft , under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris , Attorney General, Dane R. Gillette , Chief Assistant Attorney General, Lance E. Winters , Senior Assistant Attorney General, Lawrence M. Daniels and Rene Judkiewicz , Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

YEGAN, J. —

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 761 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...

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