People v. Pacheco CA6

Facts and Proceedings Below On March 15, 2012, in case No. C1121040 (hereafter the witness intimidation case), the Santa Clara County District Attorney filed an information in which it was alleged that appellant attempted to dissuade a victim or witness from testifying in violation of section 136.1, subdivision (a)(2)2 (count 1), and attempted to dissuade a victim or witness from prosecuting a crime in violation of section 136.1, subdivision (b)(2) (count 2). Eventually, for purposes of trial only, the case was consolidated with case No. C1108628. Although the record does not contain the charging document in case No. C1108628 (hereafter the lewd acts case), appellant went to trial charged with two counts of lewd and lascivious acts on a child by force or fear (§ 288, subd. (b)(1) counts 1 & 2), one count of attempting to dissuade a victim or witness from testifying (§136.1, subd. (a)(2), count 3), and one count of attempting to dissuade a victim or witness from prosecuting a crime (§ 136.1, subd. (b)(2), count 4). Accordingly, in the consolidated case the two attempted dissuading counts became counts 3 and 4. On March 18, 2013, the jury deadlocked on the two lewd and lascivious…