People v. Pennington
Annotate this CaseDefendant appealed from a conviction of felony resisting an executive officer; misdemeanor battery on a peace officer; misdemeanor trespass; and misdemeanor attempted petty theft. The court held that there was sufficient evidence to convict defendant of misdemeanor battery on a peace officer where a harbor patrol officer who is sworn as a peace officer, supervised by a city police chief, wears a badge, and carries a police issued firearm, taser, baton, handcuffs, and pepper spray is a "peace officer" within the meaning of Penal Code section 830.33, subdivision (b) if he or she performs necessary duties with respect to patrons, employees, and properties of the harbor or port. The court also concluded that the trial court erred by granting the People's motion to preclude defendant from arguing to the jury that the victim was not a peace officer, but the error was harmless; the evidence was sufficient to convict defendant of trespass; the trial court had no duty to instruct sua sponte on the defenses of claim of right and mistake of fact; and defendant's out-on-bail enhancement claim was not ripe for review. Accordingly, the court affirmed the judgment.
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