California Court of Appeal

Alleging a claim of insufficiency of the evidence, defendant appeals from his felony conviction for resisting an executive officer, misdemeanor battery, misdemeanor trespass, and misdemeanor attempted petty theft. Judgment is affirmed, where: 1) the harbor patrol officer was a "peace officer" within the meaning of Penal Code section 830.33(b); 2) the evidence was sufficient to support the conviction of trespass; 3) the trial court had no duty to instruct the jury sua sponte on the claim-of-right and mistake-of-fact defenses to attempted petty theft; and 4) the sentencing enhancement issue is not ripe for appellate review as defendant will not be sentenced if probation is completed.

Appellate Information

• Decided 09/22/2014
• Published 09/22/2014

Judges

• Yegan

Court

• California Court of Appeal

Counsel