What is the test for a finding of resisting or resisting an executive officer?

California, United States of America


The following excerpt is from In re V. M., C076238 (Cal. App. 2015):

Deterring or resisting an executive officer requires that a defendant "attempt[], by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law, or . . . knowingly resist[], by the use of force or violence, such officer, in the performance of his duty." (Pen. Code, 69.) A true finding for resisting executive officers in the performance of their duties requires that the officers be in the lawful performance of their duties. (People v. Gonzalez (1990) 51 Cal.3d 1179, 1217, superseded by statute on another point as stated in In re Steele (2004) 32 Cal.4th 682, 690.)

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