What is the burden of proving intent to prevent or deter a police officer from performing his duty?

California, United States of America


The following excerpt is from People v. Pearson, A147121 (Cal. App. 2017):

As the trial court instructed the jury, the crimes with which defendant was charged required a showing of intent. (CALCRIM No. 1700 [prosecution required to prove defendant entered a locked vehicle with intent to commit theft]; CALCRIM No. 2651 [prosecution required to prove defendant intended to prevent or deter officer from performing his lawful duty].) The prosecution also had the burden of proving every essential element of the crimes beyond a reasonable doubt. (See People v. Daniels (1991) 52 Cal.3d 815, 858 ["defendant offered no concession which limited the issues, so the prosecution had the burden of proving all the elements of the crime"].)

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