P. v. Johnson
Appellant Peter Paul Johnson appeals from his conviction of one count of felony resisting of an executive officer (Pen. Code, 69).[1] Appellants sentence was enhanced because of prior felony convictions and prison terms ( 1170.12, 667, 667.5). Appellant requests our review of the trial courts denial of appellants motion for pretrial discovery made after in camera review of personnel files from the Los Angeles County Sheriffs Department. He argues that the trial court committed reversible error by failing to instruct the jury to consider misdemeanor resisting of a peace officer as a lesser included offense ( 148, subd. (a)). Appellant also argues that the jury instruction for felony resisting was flawed, and that the trial court gave an inadequate response to a jury question.
We find that the trial court erred in not instructing the jury to consider the lesser included offense, and reverse the judgment.
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