California Court of Appeal

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People v. Torres, H035626

In an appeal from the judgment of the trial court convicting defendant for dissuading a witness from testifying, Penal Code Section 136.1, and imposing a three-year enhanced sentence, conviction and sentencing are vacated where there was no finding by the jury or the trial court that the witness dissuasion was accompanied by force or a threat of force or violence and because the imposition of the three-year enhancement with a conduct credit limitation was improper since there was no evidence that the witness dissuasion qualifies as a violent felony.

Appellate Information

  • Decided 08/30/2011
  • Published 08/30/2011

Judges

  • LUCERO

Court

  • California Court of Appeal

Counsel

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