Miles

Appellant was convicted by a jury of possession for sale of a controlled substance in violation of Health and Safety Code section 11378 (count 1); attempting to induce a false statement to a law enforcement official by force, threat of force or fraud in violation of Penal Code section 137, subdivision (b) (count 7); and conspiracy to violate section 137, in violation of section 182 (count 8). Eight additional charges were dismissed either during or after trial. Appellant was sentenced to six years in prison and ordered to pay a restitution fine of $2,000, plus collection costs of $200.

Appellant challenges her convictions on counts 7 and 8, and the restitution fine and costs. She argues (1) the court improperly failed to instruct the jury regarding the lesser included offense of inducing a false statement to a law enforcement official; (2) the evidence was insufficient as to counts 7 and 8, and the jury was not instructed to make a required finding with respect to count 7 whether the acts for which appellant was convicted were the natural and probable consequences of the common design of appellant and the alleged perpetrator; and (3) the restitution fine was an abuse of…