P. v. Porter CA2/1
A jury convicted defendant and appellant Darrell Cornelius Porter of assault to commit a felony under Penal Code section 220, subdivision (a), simple assault under section 240, and of two counts of attempting to dissuade a witness under section 136.1, subdivision (a)(2). In a bifurcated proceeding, the trial court found the allegation that Porter had a prior serious felony conviction for carjacking under Michigan law to be true and imposed second strike sentences to three counts, plus a consecutive five-year term as a prior serious felony enhancement under section 667, subdivision (a)(1).
On appeal, Porter contends that the evidence on which the prosecution relied was insufficient to support two separate convictions for attempting to dissuade a witness under section 136.1, subdivision (a)(2). Respondent does not disagree. We reverse the first conviction under section 136.1, subdivision (a)(2) and remand for resentencing.
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