People v. Meza CA4/3

INTRODUCTION

Defendant Jose Gabriel Meza appeals from the judgment of conviction entered after he pleaded guilty to one count of grand theft, and a jury found him guilty of resisting a peace officer, resisting an executive officer by force and violence, and evading a peace officer while driving recklessly. Meza contends his conviction for resisting a 1 peace officer in violation of Penal Code section 148, subdivision (a)(1) must be reversed because it is a lesser included offense of his conviction for resisting an executive officer by force and violence in violation of section 69. He also argues the jury was given improper instructions as to those offenses and his counsel was ineffective by not objecting to them. We affirm. A conviction for violating section 148, subdivision (a)(1), is not a lesser included offense of a violation of section 69 under the statutory elements test. It is of no moment that the former offense might be a lesser included offense of the latter offense under the accusatory pleading test because the multiple convictions bar only applies to lesser included offenses determined by the statutory elements test. In addition, the trial court did not err by…