Bernal

*514 Opinion

Penal Code 1 section 69 makes it a crime to knowingly resist, with force or violence, an executive officer in the performance of his or her duties. In his principal argument on appeal, the defendant in this case, Fernando Bernal, argues that section 69 requires proof that the defendant used force against or on the executive officer. We reject this narrow interpretation of section 69.

Section 69 plainly covers a situation, such as the one disclosed in this record, where an officer’s attempt to lawfully restrain defendant was hampered by defendant’s quite forceful attempt to escape that restraint, including dragging the officer several feet down a bike path. Although, there is no evidence Bernal attempted to harm or otherwise touch the officer, there is ample proof that he used considerable force in attempting to escape from the restraint the officer was lawfully using on him; that force fully supports Bernal’s conviction of violating section 69.

Bernal also contends the trial court was required to give a sua sponte instruction on the meaning of “force or violence” as used in section 69. Because these terms have no technical meaning peculiar to the law, no sua sponte…