Fernandez

Penal Code section 136.1, subdivision (b)(1) penalizes an attempt to prevent or dissuade a victim from “[m]aking any report of that victimization to any peace officer or state or local law enforcement officer or probation or parole or correctional officer or prosecuting agency or to any judge.” The question presented in this appeal is whether an attempt to dissuade a witness from making a “report ... to any judge” includes an attempt to influence a victim’s testimony at a preliminary hearing. We conclude that it does not.

Background

Appellant Richard Fernandez had been friends with John Mason for many years. Mason rented a room in appellant’s mother’s house, where appellant also lived on occasion. In 1999, Mason was injured on the job and began receiving disability benefits through workers’ compensation.

Mason did not receive a disability check that was issued on April 27, 2000. He called his employer’s insurance company and reported that the check was missing. Mason later learned that appellant had taken the check, forged Mason’s signature, and cashed it at a local check cashing business. The owner of that business knew both appellant and Mason, and had allowed…