Can a defendant be found guilty of violating section 136.1, subdivision (b)(1) of the California Criminal Code, if he dissuades a witness from testifying at a preliminary hearing?

upon any trial or other judicial proceeding, or . . . who attempts by means of any offer of a bribe to dissuade any person from attending upon any trial or other judicial proceeding.' [] Section 136.1 punishes anyone who "[k]nowingly and maliciously prevents or dissuades any witness or victim from attending or giving testimony at any trial, proceeding, or inquiry authorized by law " or from attempting to do so. [] These sections clearly contemplate that the perpetrator will prevent or dissuade a prospective witness from giving testimony, or will attempt to do so. Preventing or dissuading a witness from testifying altogether is incompatible with influencing or shaping the testimony the witness gives." (People v. Womack (1995) 40 Cal.App.4th 926, 930-931, Italics omitted.)

In People v. Fernandez (2003) 106 Cal.App.4th 943, the defendant took his friend's disability check, forged his friend's signature and cashed the check. The defendant was charged with fraud and a preliminary hearing was set. The defendant convinced his friend to sattend the hearing but told him how he should testify. (Id. at pp. 945-946.) The defendant was convicted of violating section 136.1, subdivision (b)(1).⁴ On appeal, the defendant argued that he could not be convicted of violating section 136.1 based on his efforts to dissuade his friend from giving truthful testimony at the

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