P. v. Knight
In July of 2010, an information was filed charging appellant Manuel Joshua Knight in count 1 of battery against a custodial officer causing injury (Pen. Code, § 243, subd. (c)(1))[1]; in count 2 of battery against a custodial officer (§ 243.1); and in count 3 of resisting an executive officer by threats or violence (§ 69). In November of 2010, a jury was impaneled to try the case, but after the jury was unable to reach a verdict on any of the counts, a mistrial declared.
On January 27, 2011, following a second jury trial, appellant was found guilty in count 1 of the lesser offense of battery on a peace officer without injury (§ 243, subd. (b)) a misdemeanor; in count 2 of battery against a custodial officer (§ 243.1), a felony; and in count 3 of the lesser offense of resisting or obstructing a peace officer (§ 148, subd. (a)(1)), a misdemeanor.
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