Can a defendant be sentenced for making a criminal threat and dissuading a witness?

California, United States of America


The following excerpt is from People v. Tolivert, E065164 (Cal. App. 2017):

Defendant relies on People v. Mendoza (1997) 59 Cal.App.4th 1333, in which the court held that the defendant could not be sentenced for making a criminal threat and dissuading a witness. Mendoza is distinguishable. The two convictions arose from a single act, and the primary objective was for the defendant to help his brother by dissuading a witness from testifying against him. (Id. at p. 1346.) By contrast, here, the stalking occurred over three days and had a different objective. The trial court did not abuse its discretion in imposing separate sentences for the stalking and the criminal threats, and properly punished defendant for all his conduct.

We reject defendant's challenges to his sentences on counts 1, 3, and 5 through 10. We affirm the judgment.

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