People v. Joseph F.

JONES, P. J.,

Concurring and Dissenting.—I would reverse the finding that appellant committed a battery on a police officer (Pen. Code,1 § 243, subd. (b)) and violated section 148, subdivision (a)(1) (resisting arrest). In my view, there is insufficient evidence that Officer Robert Salas was acting lawfully at the time of the offense. Specifically, there were insufficient facts to justify detaining appellant. However, even if appellant’s detention was unlawful, he may be guilty of a simple battery, as the majority explains, where sufficient evidence supports the trial court’s implied finding…