Does Section 1170.15 of the California Criminal Code apply when a defendant is convicted of a felony (the first felony) and also convicted of dissuading or attempting to dissuade a victim of the first felony?

California, United States of America

The following excerpt is from People v. Lewis, B248822 (Cal. App. 2014):

Section 1170.15 applies "when a defendant is convicted of a felony (the 'first felony') and also convicted of dissuading or attempting to dissuade the victim of, or a witness to, the first felony from reporting or giving testimony regarding the first felony." (People v. Evans (2001) 92 Cal.App.4th 664, 669.) "Section 1170.15 does not create an enhancement, but an alternative sentencing scheme." (People v. Hennessey (1995) 37 Cal.App.4th 1830, 1835.) Accordingly, "section 1170.15 need not be specifically pleaded and proven." (Ibid.)

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