People v. Sanchez CA4/2

I. INTRODUCTION

A jury found defendant and appellant Enrique Salinas Sanchez guilty as charged

of forcibly resisting arrest (Pen. Code, § 69)1 and possessing methamphetamine (Health

& Saf. Code, § 11377, subd. (a)). In a bifurcated proceeding, defendant admitted having

five prison priors (§ 667.5, subd.(b)), and three prior strike offenses (§ 667, subds. (c),

(e)(2)(A)). Defendant was sentenced to 11 years in prison: six years (the middle term,

doubled) on the forcibly resisting arrest conviction, plus five years for each prison prior.

On this appeal, defendant claims (1) the trial court erroneously denied his motion

for acquittal (§ 1118.1) on the resisting arrest charge, and (2) insufficient evidence

supports his conviction for forcibly resisting arrest.2 We conclude the motion for

acquittal was properly denied and substantial evidence supports the conviction. We

therefore affirm the judgment.3

1 All further statutory references are to the Penal Code unless otherwise indicated.

2 In his opening brief, defendant requested an independent review of the sealed record of the trial court’s in camera review of the arresting officer’s file under Pitchess v. Superior Court…