P. v. Green
Defendant appeals from his conviction of attempted willful, deliberate, premeditated murder (Pen. Code, 664, subd. (a), 187, subd. (a) count 1), assault with a firearm ( 245, subd. (a)(2) count 2), exhibiting a deadly weapon to an officer to resist arrest ( 417.8 count 5), and two counts of resisting an executive officer ( 69) counts 6 and 7) along with firearm use enhancements ( 12022.5, subds. (a) & (d), 12022.53, subds. (b) & (c)) as to counts 1 and 2.
Defendant contends the trial court committed prejudicial error in (1) denying defendants motion for mistrial after testimony was elicited that the victim was fearful of identifying defendant because defendant was a gang member; (2) admitting evidence that defendant had marijuana packaged for sale in his possession when he was arrested; (3) failing to instruct the jury sua sponte that resisting an officer was a specific intent crime; (4) failing to instruct the jury on section 148, subdivision (a)(1) as a lesser included offense to resisting an executive officer; and (5) denying defendants motion to release juror identifying information to enable defendant to investigate juror misconduct. Defendant also argues that the abstract of judgment must be corrected. The People concede that the abstract of judgment should be corrected. Court find no other prejudicial error, and Court affirm.
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