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PEOPLE v. FERNANDEZ

No. B152965.

131 Cal.Rptr.2d 358 (2003)

106 Cal.App.4th 943

The PEOPLE, Plaintiff and Respondent, v. Richard FERNANDEZ, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

March 4, 2003.

Attorney(s) appearing for the Case

Esther R. Sorkin, under appointment by the Court of Appeal, Ventura, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster, Supervising Deputy Attorney General, April S. Rylaarsdam, Deputy Attorney General, for Plaintiff and Respondent.

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...

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