People v. Campbell CA4/1

INTRODUCTION

A jury found Eric Gregory Campbell guilty of one count of felony resisting an

executive officer (Pen. Code, § 69)1 and one count of misdemeanor resisting an officer

(§ 148, subd. (a)(1)). At the sentencing hearing, the trial court denied Campbell's oral

motion under section 17, subdivision (b) (17(b) motion) to reduce the felony conviction

to a misdemeanor. The court then suspended imposition of sentence and placed

Campbell on three years of formal probation for the felony conviction and three years of

summary probation for the misdemeanor conviction.

Campbell appeals, contending: (1) there was insufficient evidence to convict him

of the felony charge; (2) the court prejudicially erred by failing to sua sponte instruct the

jury on what constitutes a lawful detention and arrest; and (3) the court abused its

discretion by denying his 17(b) motion. We conclude there was sufficient evidence to

support the jury's verdict, any instructional error was harmless, and the court acted within

its broad discretion to deny the 17(b) motion. We, therefore, affirm the judgment.

BACKGROUND

Prosecution Evidence

San Diego County Sheriff's Deputy Frank…