P. v. Oropeza
A jury convicted defendant Mario Luis Oropeza of, among other things, attempting to deter an officer from performing any duty by means of threat or violence. Defendant now contends (1) the trial court erred in failing to instruct the jury on the lesser included offense of willfully resisting, delaying or obstructing a public officer in the discharge of his duties; (2) the trial court erred in failing to instruct the jury on the requisite specific intent to deter or prevent a police officer from performing his duty; and (3) the cumulative effect of the instructional errors resulted in prejudice.
We conclude (1) the trial court did not have a sua sponte duty to instruct on resisting an officer, because the crime of resisting an officer is not a lesser included offense of attempting to deter an officer; (2) the trial court properly instructed the jury on the requisite specific intent; and (3) because there was no instructional error, the claim of cumulative prejudice lacks merit.
We will affirm the judgment.
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