Can a defendant be found guilty of making threatening telephone calls during the penalty phase?

California, United States of America

The following excerpt is from People v. Johnson, 190 Cal.Rptr.3d 536, 353 P.3d 266, 61 Cal.4th 734 (Cal. 2015):

Consequently, the trial court did not abuse its discretion in admitting the evidence of defendant's threatening telephone calls because the evidence in question was legally sufficient to constitute violations of section 653m. (People v. Whisenhunt (2008) 44 Cal.4th 174, 225, 79 Cal.Rptr.3d 125, 186 P.3d 496 [no abuse of discretion where the trial court admitted other crimes evidence at the penalty phase without a preliminary inquiry because the evidence actually presented at trial established the elements of the prior offense].)

[61 Cal.4th 777]

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