People v. Cabral CA4/1

I. INTRODUCTION

A jury found defendant Abraham Gonzalez Cabral guilty of one

misdemeanor count of resisting arrest (Pen. Code,1 § 148, subd. (a)(1)) and

the trial court placed him on summary probation.2 On appeal, Cabral contends the trial court erred by denying his request for a pinpoint instruction on the First Amendment as a defense to the charge of resisting arrest. Because we find Cabral’s proposed pinpoint instruction unsupported by substantial evidence, confusing, and argumentative, we affirm the judgment.

II. FACTUAL AND PROCEDURAL BACKGROUND

A. Factual Background

1. Prosecution Evidence

At about 6:20 a.m. on November 23, 2023 — Thanksgiving Day — uniformed San Diego Police Department (SDPD) Officer Thomas Pool observed a gold SUV run a stop sign at a downtown intersection. The officer got in his marked patrol vehicle, followed the SUV, and activated his emergency lights to initiate a traffic stop. The driver of the SUV, later identified as Cabral, pulled over. The ensuing events were captured on several SDPD officers’ body-worn cameras and the recordings were admitted as exhibits at trial. Before Officer Pool could exit his police car, Cabral had already stepped…