P. v. Spicer
After a jury trial, defendant Lennie Ramon Spicer was convicted of misdemeanor resisting, obstructing, or delaying a peace officer (Pen. Code, § 148, subd. (a)(1)),[1] and was found not guilty on two felony counts of threatening an executive officer (§ 69). Defendant appeals his conviction and asserts that an element of section 148, subdivision (a)(1) is that the delay or resistance was done while the officer was acting lawfully. Defendant maintains the officer was unlawfully attempting to arrest him when defendant walked away because the evidence, according to defendant, does not support probable cause to arrest. (See § 836.) He thus claims that his due process rights were violated because insufficient evidence supports his conviction. We conclude that the record supports a finding of probable cause to arrest and affirm the judgment.
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