Is there insufficient evidence to convict appellant of intimidation of a witness under section 136.1 of the Criminal Code?
California, United States of America
The following excerpt is from People v. Rosas, F075300 (Cal. App. 2020):
jury's true finding in count 4, it is abundantly apparent the jury relied on the prosecutor's argument to find guilt. That act, however, was insufficient as a matter of law to establish appellant's guilt for intimidation of a witness under section 136.1. Accordingly, we reverse the conviction in count 4. Because count 4 is reversed for insufficient evidence, double jeopardy bars its retrial. (Lockhart v. Nelson (1988) 488 U.S. 33, 39.)
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