In People v. Womack (1995) 40 Cal.App.4th 926, the defendant was convicted of attempted murder, as well as attempting to induce a witness to give false or to withhold true testimony in violation of section 137, subdivision (b). Both counts were based on an incident in which the defendant stabbed and attempted to strangle a witness in a criminal prosecution. The Court of Appeal modified the judgment to strike the conviction for violating section 137. The court reasoned that attempted murder requires a specific intent to kill, while a violation of section 137 requires a specific intent to influence testimony that will actually be given. The court held that the two intents were mutually exclusive and there was no evidence the defendant harbored dual intents. Because the defendant had not been charged with a violation of section 136.1 (attempting to dissuade or prevent a witness from testifying), the appellate court concluded the conviction under section 137 had to be stricken. ( Id. at pp. 931-934.)