In what circumstances will a jury find a defendant guilty of witness intimidation in violation of section 136.1, subdivision (c) of the California Criminal Code?

In order to prove the offense of witness intimidation in violation of section 136.1, subdivision (c), however, the prosecution must establish that the defendant had the specific intent to dissuade a witness from testifying. (People v. Ford, supra, 145 Cal.App.3d at pp. 989-990, 193 Cal.Rptr. 684.) Hence, because the jury instruction in this case omitted the specific intent element, defendant contends reversal is required. His contention is meritless.

As a preliminary matter, it is unknown whether defendant objected to the erroneous instruction, because the record does not include the reporter's transcripts of several conferences regarding jury instructions. But "[b]ecause defendant had the right to correct instructions on the elements of other crimes introduced in aggravation [when given], and because courts may review instructional errors that affect `the substantial rights of the defendant' ( 1259)," the issue is cognizable on appeal. (People v. Prieto, supra, 30 Cal.4th at p. 268, 133 Cal.Rptr.2d 18, 66 P.3d 1123.)