People v. Meaders

Opinion

NEWSOM, J.

The instant appeal is from Headers’ conviction of four counts of vehicle theft (Veh. Code, § 10851), two counts of receiving stolen property (Pen. Code, § 496), one count of possession of a concealable firearm by an ex-felon (Pen. Code, § 12021, subd. (a)), one count of embezzlement (Pen. Code, §§ 504, 487), one count of insurance fraud (Ins. Code, § 556), and one count of attempted subornation of perjury (Pen. Code, §§ 664, 127).

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[1157]

We address appellant’s contention that his conviction of attempted subornation of perjury was error. The pertinent facts may be briefly summarized as follows: Subsequent to his arrest, appellant solicited one Killaine to procure two favorable defense witnesses at trial, and stated his willingness to pay $2,000 to each witness. Killaine contacted the police and a meeting was arranged between appellant and two undercover officers posing as potential witnesses. After the meeting, appellant and the officers went to appellant’s bank where the latter tendered an initial $500 to the “witnesses.” Appellant was thereupon rearrested on a charge of subornation of perjury. At the close of the People’s case-in-chief, the prosecution’s motion to amend the charge to attempted subornation of perjury was granted. Upon conviction on this count, appellant was sentenced to an 18 month term, such period to be served concurrently with the 6 years imposed on the remaining counts.

Our discussion of this issue begins with the relevant statutes. Penal Code section 127 provides that: “Every person who willfully procures another person to commit perjury is guilty of subornation of perjury, and is punishable in the same manner as he would be if personally guilty of the perjury so procured.”

Penal Code section 664 provides in pertinent part that: “Every person who attempts to commit any crime, but fails, or is prevented or intercepted in the perpetration thereof, is punishable, where no provision is made by law for the punishment of such attempts, as follows: [f] 1. If the offense so attempted is punishable by imprisonment in the state prison, the person guilty of such attempt is punishable by imprisonment in the state prison for one-half the term of imprisonment prescribed upon a conviction of the offense so attempted; provided, however, that if the crime attempted is one in which the maximum sentence is life imprisonment or death the person guilty of such attempt shall be punishable by imprisonment in the state prison for a term of five, seven, or nine years.”