MacKenzie

I. Statement of the Case

Defendant Alexander Scott MacKenzie appeals from a judgment entered after a jury found him guilty of a “hate crime,” i.e., brandishing a firearm for the purpose of interfering with the civil rights of Michael Watts because of his race, color, ancestry, or national origin. (Pen. Code, §§ 417, subd. (a)(2), 422.7. ) The jury also found him guilty of brandishing a firearm (§ 417, subd. (a)(2)), battery upon a peace officer performing his duties (§§ 242, 243, subd. (b)), resisting an executive officer (§ 69), and falsely identifying himself to a peace officer (§ 148.9). In addition, the jury found true an allegation that defendant personally brandished a firearm. (§§ 667, 1192.7.)

On appeal, defendant claims the “hate crime” statute—section 422.7— violates his constitutional rights to free speech, due process, and equal protection. He further claims his attorney’s failure to seek suppression of evidence denied him effective assistance of counsel. Finally, he claims the court erred in excluding important defense evidence, misinstructing the jury about Michael Watts’s constitutional rights, and failing to instruct on the lesser related offense of…