In re V.M. CA3

DISCUSSION

I Sufficient Evidence Supported The Minors’ True Findings Deterring or resisting an executive officer requires that a defendant “attempt[], by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or . . . knowingly resist[], by the use of force or violence, such officer, in the performance of his duty.” (Pen. Code, § 69.) A true finding for resisting executive officers in the performance of their duties requires that the officers be in the lawful performance of their duties. (People v. Gonzalez (1990) 51 Cal.3d 1179, 1217, superseded by statute on another point as stated in In re Steele (2004) 32 Cal.4th 682, 690.) The minors both contend their true findings must be reversed because the officers who detained them were not acting lawfully at the time, as their detentions3 were not based on reasonable suspicion that they were engaged in criminal activity. T. additionally contends her true finding must be reversed because she did not attempt to deter the officers and she did not specifically intend to interfere with the officers when she “was running to see her brother.” “[S]he was merely…