P. v. Grageda
Moses Michael Grageda appeals the judgment entered following his conviction by jury of three counts of resisting an executive officer and one count of possession of a controlled substance. (Pen. Code, 69; Health & Safety Code, 11377.) The trial court found Grageda had a prior prison term within the meaning of section 667.5, subdivision (b) and sentenced him to a prison term of five years. Court conclude that, on the facts presented, Grageda was entitled to instruction on the lesser included offense of resisting a peace officer in violation of section 148, subdivision (a)(1). (People v. Lacefield (2007) 157 Cal.App.4th 249, 259.) Consequently, we reverse the convictions of resisting an executive officer by force or violence and remand with directions to reduce these convictions to violations of section 148, subdivision (a)(1), and to resentence Grageda accordingly, unless the People elect to retry Grageda on the greater offense.
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