People v. Pennington

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The Supreme Court reversed Defendant’s conviction of misdemeanor battery of a peace officer, holding that the People failed to prove that the victim, a member of the City of Santa Barbara harbor patrol, was a “peace officer” within the meaning of Cal. Pen. Code 243(b). The Court of Appeal affirmed the conviction, concluding that a harbor patrol officer need not have the primary duty of law enforcement to be a peace officer. The Supreme Court reversed the judgment of the Court of Appeal to the extent it affirmed Defendant’s conviction for battery under section 243(b), holding (1) this court agrees with People v. Miller, 164 Cal. App. 4th 653, 665-668 (2008), and concludes that a harbor patrol officer must have the primary duty of law enforcement to be a peace officer; and (2) the People in this case did not prove that the primary duty of the harbor patrol officer battered by Defendant was law enforcement. View "People v. Pennington" on Justia Law