People v. Belton CA3

Filed 7/23/14 P. v. Belton CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Sacramento)

THE PEOPLE, C073615

Plaintiff and Respondent, (Super. Ct. No. 12F04897)

v.

MICHAEL WAYNE BELTON,

Defendant and Appellant.

A jury convicted defendant Michael Wayne Belton of misdemeanor resisting arrest (Pen. Code, § 148)1 and battery (§ 243, subd. (c)(2)) against Officer Jason Welsh, and misdemeanor resisting arrest against Officer Justin Wanger (§ 148). The trial court found that defendant had sustained a prior serious felony conviction and had served five prior prison terms. The trial court sentenced defendant to an eleven-year prison term. Defendant argues there were two instructional errors, and argues the two resisting…