P. v. Keys CA2/6
Appellant John Joseph Keys was charged with battery upon a peace officer resulting in injury (Pen. Code, § 243, subd. (c)(2); count 1), and resisting a peace officer (§ 69; count 2). A jury convicted appellant, on count 1, of the lesser included offense of misdemeanor battery (§ 242). It also convicted him on count 2.
Appellant requested that his conviction on count 2 be reduced to a misdemeanor pursuant to section 17, subdivision (b). The trial court denied the request, suspended imposition of sentence and placed appellant on two years of formal probation. As a condition of probation, appellant was ordered to serve 300 days in county jail, with credit for time served of 261 days.
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