Wooddall v. Superior Court

Opinion

EVANS, J. A complaint filed in the Municipal Court of San Joaquin County alleged that petitioner had attempted to unlawfully influence the verdict of 14 jurors (Pen. Code, § 95). Following a preliminary hearing in which it was revealed that petitioner had made threatening statements to members of a jury shortly after they had convicted petitioner’s brother in a separate action,1 an information was filed charging petitioner with seven counts of [401]attempting to influence jurors. He thereafter filed a motion to dismiss pursuant to Penal Code section 995.2 That motion was denied, and this writ petition followed.

On February 14, 1986, this court issued an alternative writ of prohibition directing respondent superior court to either grant the relief prayed for in the petition or show cause as to why such relief should not be granted. On March 5, 1986, the People of the State of California (real party in interest) filed a return to the alternative writ of prohibition.

Discussion

In reviewing the trial court’s determination on the motion to dismiss, “the crucial inquiry is ‘whether the evidence presented at the preliminary examination discloses circumstances from which the magistrate might reasonably have inferred the existence of each element of the charged crime’ [citations]. Neither the trial court in a section 995 proceeding, nor an appellate court on review thereof, may substitute its judgment as to the weight of the evidence for that of the committing magistrate [citation]; but it is the duty of all three tribunals to discard—as unreasonable—inferences which derive their substance from guesswork, speculation, or conjecture [citations].” (Birt v. Superior Court (1973) 34 Cal.App.3d 934, 937-938 [110 Cal.Rptr. 321]; italics in original.)

Petitioner argues that based upon the evidence presented at the preliminary hearing, he cannot be found guilty of the crime of attempting to influence a juror. We must agree.

Section 95 provides that “Every person who corruptly attempts to influence a juror, or any person summoned or drawn as a juror, or chosen as an arbitrator, or umpire, or appointed a referee, in respect to his verdict in, or decision of any cause, or proceeding, pending, or about to be brought before him, either: . . . [1Í] Three—By means of any threat, intimidation, persuasion, or entreaty; [1f] . . . is punishable by fine not exceeding ten thousand dollars ($10,000), or by imprisonment in the state prison.” (Italics added.)