P. v. Brown
A jury found defendant guilty of two counts of domestic violence (Pen. Code, 273.5, subd. (a))[1](counts 1 and 8); two counts of false imprisonment ( 236) (counts 2 and 5); one count of making criminal threats ( 422) (count 3); one count of assault with a deadly weapon ( 245, subd. (a)(1)) (count 4); one count of being a felon in possession of a firearm ( 12021, subd. (a)(1)) (count 6); and one count of deterring or resisting an executive officer ( 69) (count 7). As to the two counts of domestic violence ( 273.5, subd. (a)) and the one count of assault with a deadly weapon ( 245, subd. (a)(1)), the jury found true the allegations that defendant inflicted great bodily injury ( 12022.7, subds. (a) & (e)) and that the offenses constituted serious felonies ( 1192.7, subd. (c)(8)). Defendant admitted suffering one prior strike conviction ( 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)); one prior serious felony conviction ( 667, subd. (a)); and five prior convictions that resulted in prison terms ( 667.5, subd. (b)). The court sentenced defendant to state prison for a term of 25 years.
Defendant makes three contentions. First, defendant contends the evidence that he resisted an executive officer ( 69) does not meet the substantial evidence standard. Second, defendant argues that the trial court erred by not instructing the jury on the offense of resisting or obstructing a peace officer ( 148, subd. (a)(1)), because it is a lesser included offense of resisting an executive officer ( 69). Third, defendant contends his trial counsel was ineffective, because he failed to object to the admission of hearsay statements. Court affirm the judgment.
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