California v. Brown
Annotate this CaseAn information alleged that in 2014, defendant Charles Brown committed two counts of resisting or attempting by threats and violence to deter an executive officer from performing a lawful duty. It also alleged that defendant had served two prior prison terms, within the meaning of Penal Code section 667.5, subdivision (b). A jury convicted defendant of the lesser included offense of misdemeanor resisting arrest as to count one and returned an arguably ambiguous guilty verdict as to count 2. The prior prison term allegations were found true in a separate bench trial. The court imposed the upper term of three years as to count 2, a consecutive one-year term as to count 1, and a consecutive one-year term for the prior prison term enhancement. This term was to be served in county jail prison consecutive to the term defendant was already serving. Defendant appealed, arguing that the ambiguous jury verdict form mandated reversal of his conviction on count 2, and resentencing solely on his misdemeanor resisting a peace officer conviction. In the alternative, he contended that the full term consecutive sentence imposed for the misdemeanor count was not authorized by law. Finding no reversible error, the Court of Appeal affirmed both the felony conviction and the sentence.
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