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Name: People v. Andrade
Case #: F087955
Opinion Date: 20250723
Attorney: Stephanie L. Gunther
Summary

A jury convicted appellant of dissuading a witness (Pen. Code, § 136.1, subd. (b)(2). On the day before she was sentenced, the California Supreme Court issued People v. Reynoza (2024) 15 Cal.5th 982, which held that section 136.1(b)(2) does not permit a conviction to be based solely on proof of dissuasion from assisting in the prosecution of an already-filed charging document. The Court of Appeal agreed with the parties that appellant’s conviction must be reversed for insufficient evidence, as all the facts introduced by the prosecution in support of the dissuading charge occurred after the relevant charging document was already filed. The matter was remanded for a full resentencing hearing.