California Court of Appeal

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People v. Hairston, C057504

Conviction for resisting arrest and making a criminal threat is affirmed where: 1) trial court did not err in convicting defendant of three separate misdemeanor counts of resisting a peace officer in the discharge of his duty as defendant could be convicted for each officer whose exercise of duty he resisted under the express language of Penal Code sec. 148; and 2) the trial court did not violate Penal Code sec. 654 when it imposed concurrent one-year jail terms for each violation of sec. 148 as substantial evidence supports a determination that defendant violated sec. 148 three times with an independent criminal objective for each violation.

Appellate Information

  • Decided 05/26/2009
  • Published 05/26/2009

Judges

  • NICHOLSON, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • William I. Parks, under appointment by the Court of Appeal, for Defendant and Appellant., Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior Assistant Attorney General, Julie A. Hokans and Judy Kaida, Deputy Attorneys General, for Plaintiff and Respondent.
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