People v. Superior Court

Does a person “willfully resist” a peace officer when that person flees from an officer attempting a lawful arrest? In this writ proceeding the People seek relief from a trial court order setting aside two counts charging violations of Penal Code section 148.10, which applies when a person who willfully resists a peace officer discharging his or her duties proximately causes the officer to suffer serious bodily injury or death as a consequence of that person’s willful resistance. The People argue the trial court erred in concluding flight does not constitute “willful resistance.” We agree and grant a peremptory writ of mandate.

Factual and Procedural Background

On April 26, 2005, Sheriff’s Deputy Brian Barrow encountered real party in interest Richard James Ferguson on the street in Vallejo. Another deputy, Jim Betts, responded as backup and recognized Ferguson from an encounter a few weeks earlier. The deputies received information that Ferguson had two outstanding felony warrants for his arrest. As Deputy Betts approached, Ferguson fled on foot after Deputy Barrow remarked that Ferguson had given him a false name. The deputies gave chase and repeatedly ordered…