People v. Fay CA6

I. Factual and Procedural Background

On February 11, 2021, Fay was charged with three counts: (1) felony violation of section 140, subdivision (a), for using force upon and threatening force and violence upon a witness or property of a witness by willfully using force upon the victim because she had provided assistance and information to a law enforcement officer in a criminal proceeding; (2) felony violation of section 664 and section 212.5, subdivision (c), for attempted robbery in the second degree, for attempting to take a cell phone from the victim against her will by means of force and fear; and (3) misdemeanor violation of section 243, subdivision (a), for battery for willfully and unlawfully using force and violence upon the victim.2 On April 8, 2021, Fay pleaded no contest to the violation of section 140, subdivision (a), and the other counts were dismissed pursuant to a Harvey stipulation.3 On June 8, 2021, the trial court sentenced Fay to a year in county jail, modifiable after eight months by the Mental Health Treatment Court, and two years of probation. The trial court also stated that it would make a general order of victim restitution and set the matter for a…