P. v. Murillo CA4/3
A jury found defendant guilty of using force to resist an executive officer in the performance of his duty (Pen. Code, § 69; count 1) and two misdemeanors, delaying a peace officer in the performance of his duty (§ 148, subd. (a)(1); count 2) and possession of paraphernalia for injecting a controlled substance (Health & Saf. Code, § 11364, subd. (a); count 3). Defendant admitted having served two prior prison terms. (§ 667.5, subd. (b).) One of the prior strike conviction allegations (§ 667, subds. (d), (e)(2)) was dismissed on the prosecutor’s motion and the other was stricken by the court pursuant to section 1385. The court also struck the state prison prior enhancements for sentencing purposes.
The court sentenced defendant to two years in state prison on count 1. On count 2, the court sentenced defendant to six months in county jail, but stayed the sentence pursuant to section 654. Lastly, the court ordered defendant to serve 30 days on count 3.
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