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Name: People v. Neely
Case #: B173338
Court: CA Court of Appeal
District 2 DCA
Division: 5
Opinion Date: 12/14/2004
Subsequent History: Revw. den. 2/16/05

All felony violations of Penal Code section 136.1, intimidation of a witness or victim, are serious felonies under Proposition 21. Proposition 21 added to the list of serious felonies Penal Code section 1192.7, subdivision (c)(37), “intimidation of victims or witnesses, in violation of section 136.1.” Section 136.1 contains three subdivisions, none of which includes the word “intimidation” although that term is used in the title of the section as a whole. Defendant argued that only a violation of subdivision (c)(1), which requires force, threat, or violence, qualified as a serious felony. The Court of Appeal rejected this argument, finding that all felony violations of section 136.1 were serious felonies under section 1192.7, subdivision (c)(37).