People v. Fernandez

Opinion

COFFEE, J.

Penal Code section 136.1, subdivision (b)(1) 1 penalizes an attempt to prevent or dissuade a victim from “[m]aking any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge.” The question presented in this appeal is whether an attempt to dissuade a witness from making a “report ... to any judge” includes an attempt to influence a victim’s testimony at a preliminary hearing. We conclude that it does not.

Background

Appellant Richard Fernandez had been…