Does Section 136.1, subdivision (b)(1) of the California Criminal Code apply to an attempt to influence a witness's testimony?

In making this argument, defendant relies upon People v. Fernandez (2003) 106 Cal.App.4th 943, 131 Cal.Rptr.2d 358. In that case, the defendant asked the victim to testify falsely at his preliminary hearing. (Id. at p. 946, 131 Cal.Rptr.2d 358.) The defendant was later charged with, and convicted of, attempting to dissuade a witness under section 136.1, subdivision (b)(1). (Ibid. ) Division Six of this Appellate District reversed the conviction, concluding that section 136.1, subdivision (b)(1) applies only to efforts to prevent a witness from reporting a crime, and does not apply to efforts to influence a witness' testimony, which is addressed in section 137. (Id. at pp. 947952, 131 Cal.Rptr.2d 358.) In reaching this conclusion, the appellate court stated that " section 136.1, subdivision (b) punishes a defendant's pre-arrest efforts to prevent a crime from being reported to the authorities." (Id. at p. 950, 131 Cal.Rptr.2d 358.)

Defendant's reliance on People v. Fernandez is misplaced. The issue in that case was whether subdivision (b)(1) of section 136.1 applied to an attempt to influence a witness' testimony, not, as in this

[133 Cal.Rptr.3d 695]