Court of Appeal reversed one of the appellant’s criminal threat convictions (Pen. Code section 422) for failure to instruct on the lesser included attempt offense. Here, appellant made the threat in question, but the intended recipient did not hear it. The Court found that, although the defendant acted with the specific intent to commit a criminal threat, only a fortuity, not intended by the defendant, has prevented the defendant from perpetrating the completed offense of criminal threat itself. The error was not harmless under Watson.
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