P. v. Langosh
A jury convicted Stephen J. Langosh of resisting a peace officer in the discharge of his or her duties (Pen. Code,[1] 148, subd. (a)(1)), a misdemeanor, and acquitted him of carrying a concealed firearm ( 12025, subd. (a)(2)) and brandishing a firearm ( 417, subd. (a)(2)). The jury was unable to reach a verdict on a count of assault with a deadly weapon, and a mistrial was declared on that count. Langosh subsequently entered a negotiated guilty plea to assault with force likely to cause great bodily injury ( 245, subd. (a)(1)). Under the plea bargain, the prosecution agreed to dismiss an allegation that Langosh personally used a deadly weapon; as a result of this dismissal, the assault count would not be considered a serious/violent prior conviction or strike in the future. The plea bargain also called for Langosh to waive (1) his right to later seek reduction of the assault count to a misdemeanor (see 17, subd. (b)), and (2) his appeal rights to the resisting an officer conviction.Langosh personally filed a notice of appeal stating he was appealing from the jury trial. Langosh did not obtain a certificate of probable cause.
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