California v. Kruse
Annotate this CaseA jury convicted Cody Kruse of: making a criminal threat (count 1); attempting to deter or prevent an executive officer from lawful performance of his duties by means of violence or threat of violence (count 2); and possession of a controlled substance (count 3). The trial court sentenced Kruse to three years and eight months in state prison. Kruse contended on appeal the trial court prejudicially erred by: (1) allowing the prosecutor to question him on cross-examination about being investigated for killing his former girlfriend’s baby; and (2) refusing to instruct the jury on Penal Code section 148(a)(1) (willfully resisting, delaying or obstructing a public officer) as a lesser included offense of Penal Code section 69 (attempting to deter an executive officer from performing any duty by means of threat or violence). Finding no reversible error, the Court of Appeal affirmed Kruse's convictions and sentence.
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