People v. Robles

TODD, J., Dissenting.

I concur in the majority’s conclusion that Officer Huizar was discharging a duty of his office in conducting the undercover operation. I am of the view, however, that appellant’s verbal warning to a third party before any obvious illegal activity had taken place was protected speech and therefore cannot constitute a violation of Penal Code section 148, subdivision (a).

The cases on which respondent relies, People v. Quiroga (1993) 16 Cal.App.4th 961 [20 Cal.Rptr.2d 446] and In re Andre P. (1991) 226 Cal.App.3d 1164 [277 Cal.Rptr. 363], are not on point. In Quiroga, the…