People v. Smith

After a jury trial, Defendant was convicted of resisting an executive officer in the performance of his duties pursuant to Cal. Penal Code 69. Defendant appealed, arguing that the trial court erred by denying his request to instruct the jury that it could instead convict him of the lesser offense of resisting a public officer under Cal. Penal Code 148(a)(1). The Supreme Court affirmed, holding (1) section 148(a)(1) was a necessarily included lesser offense of section 69 as alleged in the amended information; but (2) because substantial evidence did not reveal Defendant violated section 148(a)(1) without also violating section 69, the trial court did not err in refusing to instruct the jury on section 148(a)(1). View "People v. Smith" on Justia Law