Lewis

People v. Lewis

Good Law
19 Cal. App. 3d 1019·1971 Cal. App. LEXIS 1348·97 Cal. Rptr. 419
Court of Appeal of CaliforniaSeptember 13, 1971Crim. 20427California1,849 words

Opinion

Opinion

Stephens, J.

By misdemeanor complaint in two counts filed in the Los Angeles Municipal Court, defendant was charged in count I with violation of Penal Code section 148 (resisting, delaying and obstructing a public officer in the attempted discharge of his duties), and in count II, with violation of Penal Code section 415 (disturbing the peace). Defendant pleaded not guilty and after a jury trial was found guilty as charged. After the filing of a formal probation report, defendant was sentenced on each count to pay a fine, or to serve a specified number of days in county jail. An appeal was taken to the appellate department of the superior court, which affirmed the judgment (People v. Lewis, No. CR A 9645). Defendant then moved in the trial court for a stay of execution on the ground of indigency. After a hearing, the motion was denied and the previously imposed sentence was declared to be in full force and effect. Defendant then appealed to the superior court appellate department from the post judgment order denying relief. He also filed a petition for writ of habeas corpus and posted bond. The appellate department affirmed the order and on its own motion certified the appeal to this…

Sign in to read the full opinion

Create a free account to read the complete opinion text, citation history, and good-law status for this case.