P. v. Jackson
Defendant Felix Lee Jackson, a 27-year-old probation officer with no criminal history, was charged with multiple felony counts, including assaulting a peace officer with a semiautomatic weapon and resisting an executive officer. The charges stemmed from an incident in which defendant inexplicably tackled a neighbor, and then engaged in a physical struggle with two police officers and three firefighters who had responded to the scene. A jury convicted defendant of one count of assaulting a peace officer (Pen. Code, 245, subd. (d)(2)) and three counts of resisting an executive officer ( 69), and found true the allegations that he personally used a firearm in committing these offenses ( 12022.53, subd. (b), 12022.5, subd. (a)). The trial court sentenced defendant to 17 years in state prison. On appeal, defendant contends: (1) the trial court abused its discretion in excluding evidence of his mental state at the time of the offenses; and (2) the evidence was insufficient to support the finding that the fire captain met the statutory requirements of an executive officer performing a duty. Court affirm.
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