Brenner

Robert Leo Brenner appeals from judgment of conviction entered after a jury found him guilty of one count of dissuading a victim from reporting a crime by force or threat, a violation of Penal Code section 136.1, subdivision (c)(1). He asserts prejudicial error in the court’s failure to instruct on specific intent and in its failure to instruct on the lesser offense of misdemeanor intimidation. He also claims error in the court’s admission of the victim’s selection of an unnamed third party in a pretrial photo lineup and in its admission of evidence of criminal conduct by uncharged third parties. We find no prejudicial error and affirm.

Factual and Procedural Summary

Kelly Wileman and his girlfriend Debbie Nichols had been living at the Don Hotel in Wilmington for approximately two weeks before the incident giving rise to this prosecution. On the night of July 21,1990, Wileman drove to Long Beach to visit a friend. Wileman’s car ran out of gas, and he spent the night in the car. Nichols, who had remained at the hotel, spent a couple of hours in the hotel hallway, where people were sitting around, talking and drinking beer. Ms. Nichols had a conversation with appellant,…