People v. Rubino CA4/1
D083590
Cal. Ct. App.Mar 20, 2025Background
- Brad Rubino was convicted by a jury of making a criminal threat (Penal Code § 422) against H.R., a former close friend and neighbor, following a confrontation involving verbal threats and references to firearms.
- The incident took place at and near the property lines between Rubino’s home and H.R.’s father's home, after a period of deteriorating relations between the parties due to personal and business disputes.
- Witnesses testified that Rubino threatened to kill or harm H.R. and his father, referenced firearms, and acted in an angry, "out of control" manner; Rubino denied making death threats but admitted to yelling profanities.
- Law enforcement responded to the scene, found Rubino had access to numerous firearms, and later discovered a cache of guns and ammunition in a SWAT search.
- The jury acquitted Rubino on the count regarding threats to H.R.’s father (mistrial), but convicted him for threats against H.R.; Rubino was placed on probation with a suspended jail term and appealed based on insufficiency of the evidence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Sufficiency of evidence for immediacy | Evidence supports threats were serious and imminent | Rubino lacked physical ability to carry out threats at the time | Sufficient evidence supported jury's finding |
| Sufficiency of evidence for sustained fear | H.R. testified to being scared, threats credible | H.R. provoked Rubino, so didn’t genuinely fear for safety | Testimony supported reasonable, sustained fear |
| Ability to carry out threat required | Section 422 does not require immediate ability to enact | Lack of means/weapon shows no immediate threat | Immediate ability not required under law |
| Appellate review of credibility | Jury resolved factual disputes, credibility supports verdict | Appeals court should reassess provocation, credibility | Appeals cannot re-weigh or assess credibility |
Key Cases Cited
- People v. Ware, 14 Cal.5th 151 (standard of appellate review for sufficiency of evidence claims)
- People v. Allen, 33 Cal.App.4th 1149 (definition of ‘sustained fear’ for criminal threat statute)
- People v. Melhado, 60 Cal.App.4th 1529 (interpretation of 'immediacy' in § 422 threats)
- People v. Fierro, 180 Cal.App.4th 1342 (definition of fear element under § 422)
- People v. Turner, 10 Cal.5th 786 (criminal threat elements under § 422)