P. v. Osorio CA4/3
The People charged defendant Jesus Francisco Osorio with two felonies: a battery on a police officer causing injury, and an attempt to deter an officer from performing his duties using force or violence. (Pen. Code, §§ 243, subd. (c)(2), 69.) A jury deadlocked on the battery charge and convicted Osorio of the section 69 offense. At sentencing, the trial court reduced the battery charge to a misdemeanor, Osorio pleaded guilty, and the court imposed an aggregate three-year prison term.
In this appeal, Osorio makes several interrelated claims of error involving the jury instructions, prosecutorial misconduct, and ineffective assistance of counsel. Several of these claims concern the battery charge, but those claims are not cognizable on appeal because he pleaded guilty to that crime and did not obtain a certificate of probable cause. (§ 1237.5.) As far as the section 69 conviction, we find no reversible errors. We also reviewed the transcript of an in camera Pitchess hearing
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