What is the appropriate sentence for dissuading a witness?

Turning now to the People's appeal, we agree the trial court abused its discretion at sentencing. The trial court is presumed to have applied the correct statutory and case law in performance of its duties. (People v. Jacobo (1991) 230 Cal.App.3d 1416, 1430.) However, the record in this case indicates otherwise.

Dissuading a witness under section 136.1, subdivision (b)(1), is a wobbler offense. (People v. McElroy (2005) 126 Cal.App.4th 874, 880.) When the conviction for dissuading a witness is a misdemeanor, the sentence may not exceed 364 days in county jail. ( 17, subd. (b), 18.5.) For a felony conviction of dissuading a witness, the sentencing triad is 16 months, two years, or three years. ( 18, 136.1, subd. (b)(1), 1170, subd. (h)(1).)