People v. Lewelling

*278We began a recent opinion with the observation that "[o]ne of the more disconcerting things that can occur at a criminal trial is the discovery that there is no CALCRIM instruction for the offense charged, thus requiring the judge-hopefully with the assistance of counsel-to formulate appropriate instructions from scratch." ( People v. Starski (2017) 7 Cal.App.5th 215, 218, 212 Cal.Rptr.3d 622.) That observation is apt here, as there is no CALCRIM instruction for Penal Code section 149,1 which criminalizes a "public officer who, under color of authority, without lawful necessity, assaults or…