P. v. Small
Following a jury trial, appellant was convicted of using force or violence to resist executive officers in the performance of their duties. (Pen. Code, 69.) Appellant claims the trial court erred by failing to instruct the jury sua sponte on the lesser included offense of misdemeanor resisting arrest. ( 148, subd. (a)(1).) He further argues the trial court erred by failing to instruct the jury sua sponte that a peace officer is not engaged in the performance of his duties if a detention is unlawful or if the officer uses unreasonable or excessive force to make the detention. Court affirm.
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