Sibrian

People v. Sibrian

Good Law
2016 Cal. App. LEXIS 748·207 Cal. Rptr. 3d 428·3 Cal. App. 5th 127
Court of Appeal of CaliforniaSeptember 7, 2016A143369California5,479 words

Opinion

Opinion

Banke, J.

Introduction

Defendant Henry Sibrian appeals from his conviction of resisting an officer in violation of Penal Code section 69. He contends the trial court erred, first, in allowing expert testimony on excessive force and, second, in precluding defense counsel from questioning one of the officers involved in his arrest about a pending civil lawsuit against the officer. We affirm.

Factual and Procedural Background

Shortly after 1:00 a.m. on October 21, 2013, Contra Costa County Sheriff Sergeant Joseph Buford observed defendant commit various traffic violations. As Buford turned on the flashing lights of his patrol car to initiate a traffic stop, defendant pulled over on his own because he had arrived at his house. Buford ordered defendant to get out of his car, but he refused. Additional deputies arrived, and defendant was wrestled out of the car and detained. During the struggle, defendant and two deputies were injured. The district attorney charged defendant with a single count of resisting an executive officer by the use of force or violence. (§ 69.)

Sergeant Buford testified at trial that he first noticed defendant’s car when he heard squealing tires. He followed…

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