P. v. Acosta
A jury convicted appellant Fabian Fong Acosta of felony child abuse (Pen. Code, 273a, subd. (a);[1]count 1), misdemeanor delaying, resisting or obstructing a peace officer (resisting arrest) ( 148, subd. (a); count 2) and felony intimidation of a witness by force or threat of force or violence ( 136.1, subd. (c)(1); count 3). The court suspended imposition of sentence, placed appellant on four years probation and made various orders, including that appellant pay $900 for the cost of the preparation of the probation officers report (RPO).
On appeal, appellant contends (1) the evidence was insufficient to support his conviction of felony child abuse; (2) the court erred in failing to instruct the jury, sua sponte, on self defense with respect to the charge of resisting arrest; and (3) the court erred in imposing the RPO cost order. Court modify the judgment to reduce the count 1 offense to a misdemeanor, vacate the RPO cost order and remand for further proceedings.
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