P. v. Keosodsay CA3
Defendant Khamphanh Keosodsay was charged with obstructing a peace officer by force or violence (Pen. Code, § 69; unless otherwise stated, statutory sections that follow are to the Penal Code), attempting to take a firearm from a peace officer (§ 148, subd. (d)), and providing false identification to a peace officer, a misdemeanor (§ 148.9, subd. (a)). A jury convicted defendant on the false identification count and acquitted him of the remaining counts. The trial court found defendant was in violation of his probation in another case based on his conduct in this case, and sentenced him to 180 days in county jail with 180 days of credit for time served.
On appeal, defendant contends (1) the trial court’s response to a question from the jury deprived him of a fair trial, (2) the court erred in failing to give a unanimity instruction, and (3) the court’s response to the jury’s question constituted a partial directed verdict for the prosecution. We affirm the judgment.
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