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People v. Lowery, No. E047614

By FindLaw Staff on December 22, 2009 | Last updated on March 21, 2019

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.     

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Appellate Information

Filed December 21, 2009


Opinion by Judge Ramirez

For Appellant:   William D. Farber

For Appellee:   Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, and Gil Gonzalez, Deputy Attorney General

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