Rasmussen
People v. Rasmussen
Opinion
lead Opinion
Bruiniers, J.
Appellant Joe Ray Rasmussen was convicted by jury of a felony charge of resisting an executive officer (Pen. Code, § 69), 1 and three misdemeanors—exhibiting a deadly weapon (§ 417, subd. (a)(1)), assaulting a peace officer (§241, subd. (c)), and resisting or obstructing a peace officer (§ 148, subd. (a)(1)). Rasmussen was sentenced to three years in state prison on the felony charge and concurrent county jail terms on the misdemeanors. At the time of sentencing, he received credit for 286 days served in jail, plus *1414 142 days under the then operative version of section 4019, plus 92 days served in a state hospital, for a total of 520 days.
On appeal, Rasmussen seeks our review of the sealed transcript of the trial court’s hearing on his pretrial motion for discovery of complaints against the police officers involved in the incident giving rise to the charges against him (Pitchess v. Superior Court (1974) 11 Cal.3d 531 [ 113 Cal.Rptr. 897 , 522 P.2d 305 ] (Pitchess)). He also contends that (1) the trial court erred in instructing the jury as to the intent required for the crime of resisting an executive officer, (2) the sentences on the misdemeanor convictions must be…