Is Section 148 a lesser included offense of the second way to violate section 69: knowingly resisting, by force or violence, a police officer who is performing his executive duty?
California, United States of America
The following excerpt is from People v. Lewis, B255401 (Cal. App. 2015):
Section 148 is not a necessarily lesser included offense of the first way to violate section 69: attempting to deter, by threat or violence, an officer from performing his executive duty. (People v. Smith (2013) 57 Cal.4th 232, 243 (Smith).) However, section 148 is a lesser included offense of the second way to violate section 69: knowingly resisting, by force or violence, an officer who is performing his duty. (Id. at p. 241.)
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