People v. McKinney CA2/6
Opinion
Opinion
Cody, J.
Filed 5/14/24 P. v. McKinney CA2/
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION SIX
THE PEOPLE, 2d Crim. No. B324530 (Super. Ct. No. 19F-06132) Plaintiff and Respondent, (San Luis Obispo County)
v.
BRANDON ERNEST
MCKINNEY,
Defendant and Appellant.
Brandon Ernest McKinney appeals from a judgment following a trial at which the jury found him guilty of battery by a prisoner of a non-prisoner (Pen. Code1, § 4501.5; count 2) and resisting an executive officer (§ 69; count 3). Appellant contends the trial court prejudicially erred by failing to instruct on the lesser included offense of simple assault (§ 240) as to count 3. We will affirm.
1 All undesignated statutory references are to the Penal
Code.