P. v. Chavez
A jury found defendant and appellant Joseph Angel Chavez guilty of attempting to deter an executive officer from performing his duties or resisting an executive officer by force or violence (Pen. Code, § 69),[1] willfully resisting a peace officer (Pen. Code, § 148, subd. (a)(1)), and being under the influence of a controlled substance (Health & Saf. Code, § 11550, subd. (a)). Defendant admitted suffering a prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)), and three prior convictions for which he served prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to prison for a term of five years, eight months.[2]
Defendant raises 15 issues on appeal. First, defendant contends the trial court erred by denying his motion concerning the State’s failure to gather and preserve evidence.[3] Second, defendant asserts the trial court erred by ruling evidence of a deputy’s prior use of excessive force could be admitted contingent on defendant testifying. Third, defendant contends the trial court erred by admitting evidence of defendant’s prior conviction for resisting arrest.
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