Brown

People v. Brown

Good Law
2016 Cal. App. LEXIS 458·203 Cal. Rptr. 3d 246·247 Cal. App. 4th 1430
Court of Appeal of CaliforniaJune 10, 2016No. E063630California1,964 words

Opinion

lead Opinion

McKinster, J.

*1432 Opinion

Defendant and appellant Charles Lee Brown asserts that an ambiguous jury verdict form mandates reversal of his conviction on one count of felony resisting or attempting to deter an executive officer in the performance of his duties, in violation of Penal Code section 69, and resentencing solely on his conviction on one count of misdemeanor resisting a peace officer in violation of Penal Code section 148, subdivision (a). 1 In the alternative, he contends that the full-term consecutive sentence imposed for the misdemeanor count was not authorized by law.

We will affirm both the felony conviction and the sentence.

PROCEDURAL HISTORY

An information alleged that on or about March 8, 2014, defendant committed two counts of resisting or attempting by threats and violence to deter an executive officer, Michael Johnson, from performing a lawful duty. (§ 69.) It also alleged that defendant had served two prior prison terms, within the meaning of section 667.5, subdivision (b). 2 A jury convicted defendant of the lesser included offense of misdemeanor resisting arrest (§ 148, subd. (a)(1)) as to count 1 and, as discussed below, returned an arguably ambiguous guilty verdict…

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