What are the elements of a section 148, subdivision (a)(1)(1) violation of probation for resisting a peace officer?

California, United States of America


The following excerpt is from People v. Grubbs, B296154 (Cal. App. 2020):

Here, substantial evidence supports the trial court's finding that appellant violated his probation. The elements of a section 148, subdivision (a)(1) violationresisting a peace officerare: " ' "(1) the defendant willfully resisted, delayed, or obstructed a peace officer, (2) when the officer was engaged in the performance of his or her duties, and (3) the defendant knew or reasonably should have known that the other person was a peace officer engaged in the performance of his or her duties." ' " (Yount v. City of Sacramento (2008) 43 Cal.4th 885, 894-895.)

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