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PEOPLE v. FOSTER

No. B185709.

65 Cal.Rptr.3d 869 (2007)

155 Cal.App.4th 331

The PEOPLE, Plaintiff and Respondent, v. Kevin Dewayne FOSTER, Defendant and Appellant.

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

September 19, 2007.

Attorney(s) appearing for the Case

Susan Pochter Stone, under appointment by the Court of Appeal, Santa Barbara, for Defendant and Appellant.

Edmund G. Brown, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, Erika D. Jackson, Deputy Attorney General, for Plaintiff and Respondent.

Certified for Partial Publication.*

GILBERT, P.J.

Defendant wishes to dissuade a victim from testifying against him in a criminal proceeding. He asks a third party to tell the victim not to testify against him. The third party agrees to do so, but does not relate defendant's message to the victim. Here we hold sufficient evidence supports defendant's conviction of Penal Code section 136.1, subdivision (a)(2).1...

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