People v. Carpenter CA1/2

STATEMENT OF THE CASE

Appellant was charged by information filed on November 15, 2011, with felony resisting a peace officer resulting in serious bodily injury (Pen. Code, § 148.10, subd. (a));1 felony attempting to prevent an executive officer from performing his duties by means of threats or violence (§ 69); and misdemeanor assaulting an officer (§ 241, subd. (c)).

1 Further statutory references will be to the Penal Code unless otherwise specified.

1 Jury trial began on February 7, 2012. On the third day of deliberations, the jury informed the court that it had found appellant not guilty of the felony charged in count 1 but guilty of the lesser included misdemeanor resisting or obstructing an officer (§ 148, subd. (a)(1)), and guilty of the misdemeanor charged in count 3. The jury indicated it was deadlocked on count 2, then after listening to portions of the transcript it requested, hearing the court’s responses to questions it posed, and further deliberating, found appellant guilty of the lesser included misdemeanor resisting or obstructing an officer (§ 148, subd. (a)(1)) on this count. On April 27, 2012, the court sentenced appellant to six months in county jail on each…