California Court of Appeal

In a prosecution for crimes committed when the defendant was in county jail: 1) the convictions are affirmed, where the trial court did not err by refusing to instruct on misdemeanor resisting a peace officer, Penal Code section 148(a)(1), as a lesser included offense to the crime of resisting an executive officer, Penal Code section 69; but 2) the sentence is vacated and the cause remanded for resentencing, where the trial court abused its discretion by failing to consider several significant factors bearing on its application of three-strikes law, including the defendant's mental illness, the impropriety of the defendant's incarceration in the county jail at the time of the commitment offenses, the combined effect of the defendant's improper incarceration in county jail and mental illness, and the relatively minor nature of the commitment offenses.

Appellate Information

• Decided 02/24/2012
• Published 02/24/2012

Judges

• Mallano

Court

• California Court of Appeal

Counsel

• For Appellant:
  
• Melanie K. Dorian, Ryan M. Smith