Filed 11/26/18 P. v. Rivers CA1/5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
FIRST APPELLATE DISTRICT
DIVISION FIVE
| THE PEOPLE, Plaintiff and Respondent, v. JEREMIAH JAMES RIVERS, Defendant and Appellant. |
A152494
(San Francisco County Super. Ct. Nos. SCN227624, 17007556)
|
A jury convicted Jeremiah James Rivers of misdemeanor battery on a peace officer (Pen. Code, § 243, subd. (b)).[1] Rivers appeals. He contends—and the Attorney General agrees—the conviction must be reversed because the prosecution did not establish the person he battered was a “peace officer.” We accept the concession and reverse the conviction.
FACTUAL AND PROCEDURAL BACKGROUND
Given the narrow issue before us, we provide a brief factual and procedural summary. The case arose out of a May 2017 incident at Ocean Beach in San Francisco. A United States Park Police officer detained Rivers. Another officer, Owen McDaniel, transported Rivers to the hospital. At the hospital, Rivers spit on McDaniel. The prosecution charged Rivers with misdemeanor battery on McDaniel, a United States Park Police officer (§ 243, subd. (b)). At trial, McDaniel testified he is a “law enforcement officer with the National Park Service.” The jury convicted Rivers of misdemeanor battery on a peace officer. The court suspended imposition of sentence, placed Rivers on probation, and ordered him to pay various fines.
DISCUSSION
Rivers contends—and the Attorney General agrees—the conviction must be reversed because the prosecution did not establish McDaniel was a “peace officer.” (§§ 243, subd. (b), 830.8, subd. (b)).) (People v. Pennington (2017) 3 Cal.5th 786,
788–789 [reversing misdemeanor battery conviction where prosecution did not establish harbor patrol officer was a “peace officer”]; People v. Redd (2010) 48 Cal.4th 691, 715 [United States Park Police officer had “peace officer status” under section 830.8, subdivision (b) where the officer had received training pursuant to section 832 and was authorized to act as a peace officer in San Francisco].) We accept the Attorney General’s concession and reverse the conviction.
DISPOSITION
The judgment of conviction for count three, misdemeanor battery on a peace officer (§ 243, subd. (b)), is reversed. Retrial is barred. (See People v. Eroshevich (2014) 60 Cal.4th 583, 591; People v. Goolsby (2016) 244 Cal.App.4th 1220, 1225.) Any fines paid by Rivers must be returned. (§ 1262; People v. Williams (2013) 218 Cal.App.4th 1038, 1075.)
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Jones, P.J.
We concur:
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Needham, J.
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Bruiniers, J.
A152494
[1] Undesignated statutory references are to the Penal Code.
