McLaughlin

Defendant Daniel Mercer McLaughlin was convicted after court trial of two counts (3 & 4) of threatening witnesses in criminal proceedings (Pen. Code, § 140) and one count (5) of attempted theft of over $400 in cash (§§ 664, 487). He was acquitted of two counts (1 & 2) of soliciting murder (§ 653f).

The trial court sentenced defendant to prison for the upper term of four years on count 3, with a concurrent four-year term on count 4, and a concurrent one-year term on count 5. The trial court suspended execution of the sentence and placed defendant on five years’ probation, including the following conditions: one year in county jail; avoiding contact with the witnesses; obeying directions of the county mental health department regarding therapy and medication; paying $600 to the restitution fund.

On appeal, defendant contends that he did not violate Penal Code section 140 because the threats were never communicated to the intended victims. We will affirm the judgment because Penal Code section 140 does not require that the threats be communicated to the intended victims.

Facts

While defendant was in jail between October 7 and 12, 1994, for driving under the influence,…