People v. Anderson CA4/1

DISCUSSION

As stated, counsel has filed a brief asking this court to review the entire record for error as mandated by Wende, supra, 25 Cal.3d 436. To assist the court in its review, and in compliance with Anders, supra, 386 U.S. 738, counsel listed two issues that might arguably support the appeal. As we explain, neither requires modification or reversal of the judgment.

I. Was the Evidence Sufficient to Support Anderson’s Conviction of Resisting

an Executive Officer in Violation of Section 69? Section 69, subdivision (a) provides in part that “[e]very person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon the officer by law, or who knowingly resists, by the use of force or violence, the officer, in the performance of his or her duty, is punishable by a fine . . . or by imprisonment . . . or by both such fine and imprisonment.” Section 69 “ ‘sets forth two separate ways in which an offense can be committed. The first is attempting by threats or violence to deter or prevent an officer from performing a duty imposed by law; the second is resisting by force or violence an officer in the…