People v. Manuel G.

The juvenile court declared minor Manuel G. a ward of the court after finding that he had violated Penal Code section 69 1 by attempting by means of threats to deter a deputy sheriff from performing his duties. The Court of Appeal stated that one element of an offense under section 69 is that the officer must have been engaged in the lawful performance of his or her duties at the time the offense was committed. After determining that the deputy illegally had detained the minor before the minor threatened the deputy, the Court of Appeal reversed the juvenile court’s finding that the minor had violated section 69.

As we shall explain, we disagree with the Court of Appeal’s determination on two separate grounds. First, whether or not the deputy unlawfully had detained the minor at the time the minor threatened the deputy, the juvenile court’s finding that the minor violated section 69 may be upheld on the ground that the minor’s threat reasonably could be interpreted as intended to deter the deputy and other law enforcement officers from lawfully performing, in the future, a duty imposed upon them by law with regard to the investigation of the minor and his fellow gang…