California Court of Appeal

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PEOPLE v. BELMARES, F039060

Deterring an executive officer from performing a lawful duty is not a lesser included offense of resisting a peace officer in the discharge of an official duty. Where evidence of identity was overwhelming, defendant had no constitutional right to a jury trial on his identity as the person in the section 969b packet.

Appellate Information

  • Decided 02/06/2003
  • Published 02/06/2003

Judges

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  •  Tara K. Allen, under appointment by the Court of Appeal, for Defendant and Appellant., Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Jo Graves, Assistant Attorney General, Stan Cross and Catherine Chatman, Deputy Attorneys General, for Plaintiff and Respondent.
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