California Court of Appeal

Convictions of felony convictions for possession and transportation of cocaine and for using force or violence to resist an executive officer in the performance of his duty in violation of Penal Code section 69, arising out of a bicycle-riding incident, are reversed as to the section 69 convictions where: 1) the court failed to instruct the jury sua sponte regarding simple assault as a lesser necessarily included offense; and 2) the court erred in admitting expert testimony regarding police standards for use of force.

Appellate Information

• Published 2016/02/25

Judges

• STREETER

Court

• California Court of Appeal

Counsel