In re D.J. CA3

Filed 4/28/16 In re D.J. CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Sacramento) ----

In re D. J., a Person Coming Under the Juvenile Court C079854 Law.

THE PEOPLE, (Super. Ct. No. JV137056)

Plaintiff and Respondent,

v.

D. J.,

Defendant and Appellant.

In March 2015, a delinquency petition was filed alleging the minor, D. J., made a felonious terrorist threat. (Pen. Code,1 § 422.) At the conclusion of a contested jurisdictional hearing, the juvenile court found the allegation true but deemed D. J.’s violation of section 422 a misdemeanor. D. J. appeals, contending there was insufficient

1 All further section references are to the Penal Code.

1

evidence to support a finding that the victim was in sustained fear for her own safety. Disagreeing, we affirm. FACTUAL AND PROCEDURAL BACKGROUND At about 12:48 p.m. on March 25, 2015, Leise Martinez, principal of the New Technology High School in Sacramento, received a threatening e-mail that was addressed to her and other staff and students. The subject line of the e-mail stated, “GME, we’re going to drop some students if you don’t, quote, unquote, fuck give back wha (sic) is ours one.” The body of the e-mail stated, “We are fucking going to be accrossed the street at 3:50 p.m. [C]onfront us then, or we’ll have to shoot up the school. This is our last warning, we’ve already hacked most of the student[’]s accounts (teachers too). We are Men and a woman tha [sic] you shouldn’t have, messed with. My associates want to remain hidden, but I don’t. I have light skin, close to 6 foot, easily angered and computer technology is what I live for. REMEMBER ASSHOLES, if ou [sic] demands are’nt [sic] met we will start killing students. We only have one demand and you should know it by now!” Describing her initial reaction to reading the e-mail, principal Martinez testified, “Pounding heart, everything seemed to get really quiet.” She got up, looked outside, walked out to the front of the school and “looked up the street into the quad, and just checked to see that all was in order.” When asked if she was “concerned for [her] safety and the safety of those in the school,” she replied “Definitely.” Martinez took the threats in the e-mail “really seriously” and “took what it said literally and took measures.” Regarding these measures, she testified, “I called 911. I informed my supervisor, district personnel so that they would be aware of the situation, took safety measures in terms of putting the school on lockdown, made appropriate communication with community members, students, and families.” At approximately 2:00 p.m., Sacramento Police Officer Carlos Martinez went to the school in response to “a threats call.” He discussed the e-mail with the principal and