Timmons v. Mcmahon

Robert Leo Brenner appeals from judgment of conviction entered after a jury found him guilty of one count of dissuading a victim from reporting a crime by force or threat, a violation of Penal Code section 136.1, subdivision (c)(1). He asserts prejudicial error in the courts failure to instruct on specific intent and in its failure to instruct on the lesser offense of misdemeanor intimidation. He also claims error in the courts admission of the victims selection of an unnamed third party in a pretrial photo lineup and in its admission of evidence of criminal conduct by uncharged third parties. We find no prejudicial error and affirm.