California Court of Appeal

In this juvenile criminal proceeding, true findings for resisting a police officer and for disturbing the peace are reversed, where: 1) the Minor yielded immediately upon police demand, and that he did not want to talk to the officer before that point was not a criminal act; 2) loud shouting or noise by itself is not enough to be criminal conduct - it must be coupled with a clear and present danger of violence or specifically designed to disturb persons; and 3) the prosecution therefore failed to prove the elements of either offense.

Appellate Information

• Decided 10/22/2014
• Published 10/22/2014

Judges

• Huffman

Court

• California Court of Appeal

Counsel