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Name: People v. Ramsey
Case #: F085291
Opinion Date: 10/25/2023
Attorney: Rachel Varnell

The Court of Appeal reversed appellant’s Penal Code section 136.1, subdivision (b)(2) conviction based on instructional error. Despite the fact that appellant was only charged with section 136.1, subdivision (b)(2), the jury was instructed as to elements of 136.1, subdivision (b)(1), dissuading a victim from making a report and 136.1, subdivision (a), dissuading a witness from giving testimony, and was instructed that it could find appellant guilty of section 136.1, subdivision (b)(2) based on elements of these other two offenses. The instructional error was not harmless and reversal of the conviction was required.