Wright

This is an appeal from a judgment of conviction of violating the provisions of sections 242 and 243, Penal Code (§ 242, battery; § 243, a battery against a known peace officer on duty).

In an information filed in Los Angeles on August 4, 1966, defendant was charged with using force and violence upon the person of Deputy Sheriff Carrel, “a peace officer then and *690 there engaged in the performance of his duties,” and that “the said defendant then and there reasonably should have known that said peace officer was then and there a peace officer engaged in the performance of his duties” on June 8, 1966. It was further alleged that defendant, under another name, had been convicted of a felony, burglary, in Missouri in 1951, and had served a term in the state prison therefor and that he also had been convicted of possessing marijuana, a felony, in the federal court in Arkansas in 1954 and had served a term therefor in a federal prison. In a jury trial defendant was found guilty as charged. He admitted the second charged prior conviction. Although defendant’s counsel, in the presence of defendant, was prepared in court to admit both charged priors, and so stated to the court, the…