What is the test for a charge of dissuading a witness by force or threat?

California, United States of America


The following excerpt is from People v. Corado-Merlos, A151785, A151788 (Cal. App. 2019):

1. Appellant had been charged in a complaint filed on September 10, 2015, with first degree burglary (Pen. Code, 459) (all further statutory references are to the Penal Code unless otherwise indicated), injuring a spouse/cohabitant ( 273.5, subd. (a)), dissuading a witness by force or threat ( 136.1, subd. (c)(1)) and misdemeanor cruelty to a child by infliction of injury ( 273a, subd. (b)). An additional charge of misdemeanor dissuading a witness ( 136.1, subd. (b)(1)) was subsequently added as count 5. Appellant pled guilty to counts 2 and 5 and, on January 12, 2016, probation was granted and counts 1, 3 and 4 were dismissed with a Harvey waiver. (People v. Harvey (1979) 25 Cal.3d 754.)

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