People v. Flechsenhaar CA4/1

INTRODUCTION

This case arose out of a road rage incident, which included a collision and

altercation between Jarret Flechsenhaar and another driver. Police officers responded to

the scene and, after an investigation, the other driver requested an investigating officer to

make a citizen's arrest of Flechsenhaar. When the officer approached Flechsenhaar, he

became agitated, refused to sit down when asked to do so, and swatted the officer's hand

away. Flechsenhaar swore and struggled with several responding officers as they

attempted to detain him. A jury convicted Flechsenhaar of resisting an executive officer

by means of threats and violence. (Pen. Code, § 69; count 1.)1 The court sentenced him

to 180 days in jail, but stayed the sentence pending successful completion of three years

of probation. On appeal, Flechsenhaar contends the court abused its discretion in two

ways: (1) by allowing an officer to testify regarding statements made by the other driver

during the investigation for the limited purpose of explaining the officers' subsequent

conduct; and (2) by denying Flechsenhaar's motion to reduce his offense to a

misdemeanor. We conclude the…