The victim failed to appear for trial during the prosecution's case-in-chief. Upon completion of the defense case, appellant made a motion for acquittal of four of the six counts, which the court denied. The prosecution was subsequently able to locate the victim and she testified during rebuttal, providing the necessary evidence for conviction as to the four counts. The appellate court reversed as to the four counts because at the time of defendant's motion for acquittal there was insufficient evidence before the jury to support the convictions. The court also ruled that section 136.1, subd. (b) applies to more than pre-arrest efforts to dissuade a witness, and includes action to prevent a victim from causing a complaint or information to be prosecuted.
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