California Court of Appeal

Conviction and sentence for battery against a custodial officer is affirmed where: 1) there is sufficient evidence in the record that the detention deputy used necessary, not excessive, force to discharge his duty to secure inmates; 2) the court improperly instructed the jury on the custodial officer's use of force, but the instructional error did not produce an improper verdict; and 3) trial court did not err in the imposition of a felony sentence against defendant.

Appellate Information

• Decided 05/28/2009
• Published 05/28/2009

Judges

Court

• California Court of Appeal

Counsel

• For Appellees:
  
• Ron Boyer, 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, Assistant Attorney General, Brian Alvarez and Leslie W. Westmoreland, Deputy Attorneys General, for Plaintiff and Respondent.