In what circumstances will a jury find a defendant guilty of an attempted by threat of force to induce withholding testimony from a witness?

California, United States of America


The following excerpt is from People v. Lopez, H035015 (Cal. App. 2012):

actions support inference that the defendant attempted by threat of force to induce withholding testimony].) In view of the uncontradicted testimony by T.C. that defendant made multiple threats to her concerning talking to the police, and defendant's admission that he threatened at least one of the females, we conclude that the jury could not have rationally found the omitted threat element unproven as to the count pertaining to the attempted dissuasion of T.C. (See People v. Ortiz (2002) 101 Cal.App.4th 410, 416 [holding that failure to instruct on threat element was harmless beyond a reasonable doubt where uncontradicted testimony of the defendant's statements to the victim was such that "no reasonable jury could have decided" the defendant made the statements "and yet have viewed the statements . . . as not threatening force"].) The instructional error as to the threat element was therefore harmless as to the true finding on the gang allegation for count 2.

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