P. v. Diaz
After a court trial defendant Ignacio Diaz was convicted of selling or offering to sell cocaine (count 1, Health & Saf. Code, § 11352, subd. (a)) and resisting a peace officer (count 2, Pen. Code, § 148, subd. (a)). On appeal, he challenges the sufficiency of evidence on the second charge, contending that the officers were not lawfully performing their duties when they detained him. We will affirm the judgment.
Defendant has also filed a petition for a writ of habeas corpus, which this court ordered to be considered with the appeal. In the petition, defendant contends that his trial attorney rendered ineffective assistance by failing to move to suppress evidence obtained as a result of his illegal detention. Court resolve the petition by separate order filed this day.
Comments on P. v. Diaz