Environmental Charter High School v. Centinela Valley Union High School District Book Reviews

Environmental Charter High School v. Centinela Valley Union High School District by In the Court of Appeal of the State of California Second Appellate District Division Two Book Summary

In March 2000, the voters approved Proposition 21, the Gang Violence and Juvenile Crime Prevention Act of 1998, which among other changes, added to the list of serious felonies, "intimidation of victims or witnesses, in violation of [Penal Code s]section 136.1." (Pen. Code, § 1192.7, subd. (c)(37).) Penal Code section 136.1 is entitled "Intimidation of witnesses and victims," and includes various offenses, but includes no offense of which "intimidation" is an element. Subdivisions (a) and (b) of Penal Code section 136.1 require that a defendant knowingly and maliciously prevent or dissuade or attempt to prevent or dissuade a victim or witness from reporting or testifying. These offenses are wobblers. Subdivision (c)(1) of Penal Code section 136.1 adds force or an express or implied threat of force or violence as an element. Subdivision (c)(1) offenses are felonies punishable by two, three or four years in state prison. The question is whether all felony violations of Penal Code section 136.1 are serious felonies or only violations of subdivision (c)(1). We conclude that all felony violations of Penal Code section 136.1 are "serious felonies" within the meaning of Penal Code section 1192.7, subdivision (c)(37). Accordingly, we affirm defendants conviction of a violation of Penal Code section 136.1, subdivision (a)(2) as a serious felony and the imposition of a five-year enhancement for a prior serious felony conviction pursuant to Penal Code section 667, subdivision (a).

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Environmental Charter High School v. Centinela Valley Union High School District (In the Court of Appeal of the State of California Second Appellate District Division Two) Book Reviews 2024

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