The People, Plaintiff and Respondent v. Bryan M. Pennington, Defendant and Appellant.

Summary

The court held that a harbor patrol officer qualifies as a peace officer under Penal Code section 830.33, subdivision (b), only when the officer's primary duty is enforcement of the law in the specified harbor-related contexts. Because the prosecution presented no evidence that Officer Hubbard's primary duty was law enforcement, it failed to prove an essential element of the enhanced battery offense. The court therefore reversed the battery conviction while affirming the judgment in all other respects.