People v. Lowery, No. E047614
Conviction of defendant for threatening a victim or witness who provided assistance to law enforcement in a criminal proceeding where defendant was prosecuted for stealing $250,000 in cash from an 88-year old is affirmed as defendant's overbreadth challenge to Penal Code section 140(a) is rejected as it does not regulate speech protected by the First Amendment and does not violate the First Amendment as applied in defendant's case.
Filed December 21, 2009
Opinion by Judge Ramirez
For Appellant: William D. Farber