The People, Plaintiff and Respondent v. Dewone T. Smith, Defendant and Appellant

Summary

The court held that resisting a public officer under section 148(a)(1) was a necessarily included lesser offense of resisting an executive officer under section 69 as charged in the amended information because the pleading alleged both statutory methods of violating section 69. Nevertheless, the trial court had no duty to instruct on the lesser offense because the evidence showed only forceful resistance, not resistance that could support a conviction under section 148(a)(1) without also establishing section 69. The court therefore affirmed the conviction.