Supreme Court of California

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People v. Smith, S201186

Defendant's conviction of resisting an executive officer under Penal Code section 69 is affirmed, where: 1) the offense of resisting a public officer under Penal Code section 148(a)(1) was a necessarily included lesser offense of section 69 as alleged in the amended information; but 2) because the record does not reveal substantial evidence that defendant violated section 148(a)(1) without also violating section 69, the trial court was not required to instruct on section 148(a)(1).

Appellate Information

  • Decided 07/18/2013
  • Published 07/18/2013

Judges

  • LIU

Court

  • Supreme Court of California

Counsel