P. v. Chance CA1/2
Defendant Elliott Chance was convicted of two counts of forcible resistance to an executive officer (Pen. Code § 69) and two counts of resisting arrest (Pen. Code § 148) . He makes three arguments on appeal, the first two asserting failure to instruct on lesser included offenses, and the third insufficient evidence to support the jury finding that the officers were lawfully engaged in the performance of their duties. We conclude that the insufficient evidence argument fails. But we also conclude that the court should have instructed on lesser included offenses, and thus reverse the convictions on counts one and two.
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