P. v. Canela
A jury convicted with attempted unlawful taking of a vehicle(Veh. Code, S 10851, subd. (a), Penal Code, S 664)and dissuading a witness by force orthreat (S 136.1, subd. (c)(1)). Canela admitted allegations that he had suffered a felony conviction that constituted both a serious felony prior and astrike prior (SS 667, subd. (a)(1), 667, subds. (b)_ (i), 668, 1170.12, 1192.7,subd. (c)). The court sentenced him to a total term of 11 years 8 months inprison. On appeal, Canela contends there is insufficient evidence to supporthis conviction under section 136.1, subdivision (c)(1) for preventing or dissuading a witness by force or threat. He further contends the court erred by failing to instruct the jury on making a threat to a witness under section 140 as alesser included offense of preventing or dissuading a witness under section1 36.1. Court reject these contentions and affirm the judgment.
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