People v. Corey

*747CLARK, J., Concurring and Dissenting.

I dissent from that portion of the majority opinion concluding defendant is not guilty of violating Penal Code section 243.

Section 243 prohibits battery “against the person of a peace officer” when “engaged in the performance of his duties.” We must therefore determine what duty rested with Officer Anderson upon observing defendant’s conduct. The majority recognize an off-duty municipal police officer possesses a continuing status as a peace officer. (Pen. Code, § 830.1.) However, they argue he is not “engaged in the performance of his duties” when, in…