P. v. Toledo CA4/1
Erick Toledo was charged with one felony count of resisting an executive officer. (Pen. Code, § 69.) The jury found him guilty, and the trial court granted him three years' formal probation with 365 days in custody. On appeal, Toledo contends the trial court erred by failing to instruct the jury sua sponte on assault and battery as lesser included offenses, and by imposing an allegedly invalid probation condition that requires him to obtain consent from his probation officer before leaving San Diego County. He also asks us to independently review the trial court's proceedings on his motion to discover law enforcement personnel records (see Pitchess v. Superior Court (1974) 11 Cal.3d 531 (Pitchess)), and to correct a discrepancy between the oral pronouncement of a probation condition regarding marijuana use and the subsequent written probation order. We find no reversible error and affirm the judgment, as modified to resolve the discrepancy on the marijuana-use probation
Comments on P. v. Toledo CA4/1