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P. v. Moore CA1/5
Sean Moore was charged with felonious assaults on two San Francisco police officers. At the preliminary hearing on these and other charges, the defense argued the arresting officers were not acting “in the performance of [their lawful] duties”—a required element for several charges. The preliminary hearing magistrate ruled that factual disputes about whether Moore assaulted the officers and whether the officers used reasonable force to arrest him for the assaults should be submitted to a jury. Moore was held to answer on most of the charges, and he renewed his arguments before the superior court in a Penal Code section 995 motion. The superior court found insufficient evidence that the officers were lawfully performing their duties when Moore committed the alleged crimes and set aside eight counts. The People appeal. On the factual record before us, we affirm.

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