California Court of Appeal

Defendant's conviction for resisting an officer is affirmed, where: 1) Penal Code section 69 plainly covers a situation, such as the one disclosed in this record, where an officer's attempt to lawfully restrain the defendant was hampered by the defendant's quite forceful attempt to escape that restraint, including dragging the officer several feet down a bike path; and 2) although there is no evidence defendant attempted to harm or otherwise touch the officer, there is ample proof that he used considerable force in attempting to escape from the restraint the officer was lawfully using on him; and thus, 3) that force fully supports defendant's conviction of violating section 69.

Appellate Information

• Decided 12/20/2013
• Published 12/20/2013

Judges

• BENKE

Court

• California Court of Appeal

Counsel