Matthews

J.Defendant and appellant Charles Henry Matthews appeals after he was convicted of one felony count of removing or talcing a firearm from a peace officer while resisting arrest (Pen. Code, § 148, subd. (c)), and one felony count of being an ex-felon in possession of a firearm (Pen. Code, § 12021.1). The court also found true an allegation "that defendant had suffered one serious prior felony conviction within the meaning of the three strikes law (Pen. Code, § 667, subds. (c)-(e)), and sentenced defendant to the middle term of two years on count I (talcing or removing a firearm), doubled to four years pursuant to the three strikes law, plus a concurrent sentence of one year four months on count II (ex-felon in possession of a firearm). Defendant appeals, contending the evidence was not sufficient to support his conviction in count I, of removing or taking a firearm from a peace officer. He also argues the trial court’s instructions as to the removing/taking offense were inadequate and confusing, and that the court failed to respond appropriately to a jury request for further instruction on that count.

We agree that the evidence was insufficient to sustain the conviction…