People v. Delahoussaye

Opinion

Roland Delahoussaye appeals after he was convicted in a court trial of one count of felony battery on a peace officer (Pen. Code, § 243, subd. (c)) 1 and one count of misdemeanor assault on a peace officer (§241, subd. (b)). He was sentenced to five years probation. On appeal, he contends: 1) the evidence is insufficient to establish that the assault or battery was on a peace officer acting within the scope of his duties; and 2) he was convicted of an uncharged offense (battery on a peace officer resulting in injury) which was not a lesser included offense of the crime charged in the…