People v. Ybarra CA4/1

DISCUSSION

Ybarra argues he is eligible for resentencing for attempting to dissuade a

witness, a crime he contends is not a serious felony, even though his other current

felony for making a criminal threat is a serious felony enumerated in section 1192.7,

subdivision (c). Our high court recently decided that the existence of a serious or

violent felony conviction does not bar resentencing on all other commitment offenses.

(People v. Johnson (2015) 61 Cal.4th 674, 681-682.) As we discuss below, resolution

of this issue does not aid Ybarra because we reject his contention that attempting to

dissuade a witness is not a serious felony.

"In March 2000, the voters approved Proposition 21, the Gang Violence and

Juvenile Crime Prevention Act of 1998, which among other things, added to the list of

serious felonies, 'intimidation of victims or witnesses, in violation of [Penal Code

2 s]ection 136.1.' " (People v. Neely (2004) 124 Cal.App.4th 1258, 1261 (Neely), citing

§ 1192.7, subd. (c)(37).) In 2004, Ybarra was convicted of felony attempting to

dissuade a witness under section 136.1, subdivision (a)(2), which required that he

knowingly and maliciously prevented or…