Can a defendant be convicted of a violation of section 136.1, subdivision (c)(1) of the California Criminal Code for threatening to withhold testimony?

California, United States of America


The following excerpt is from People v. Mendoza, 59 Cal.App.4th 1333, 69 Cal.Rptr.2d 728 (Cal. App. 1997):

"There is, of course, no talismanic requirement that a defendant must say 'Don't testify' or words tantamount thereto, in order to commit the charged offenses. As long as his words or actions support the inference that he ... attempted by threat of force to induce a person to withhold testimony [citation], a defendant is properly" convicted of a violation of section 136.1, subdivision (c)(1). (People v. Thomas, supra, 83 Cal.App.3d 511, 514, 148 Cal.Rptr. 52 [in hallway outside courtroom defendant cursed at and threatened witness and yelled, "You put my mother in jail, you had my mother picked up"].)

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