P. v. Henderson CA5
Deputies with the Madera County Sheriff’s Department, acting on a tip concerning a suspect in an attempted murder, tried to stop a vehicle driven by defendant Eric Cyrus Henderson. By the time the incident was over, two deputies had fired a total of five shots at the car and defendant drove off, avoiding detention or arrest. Defendant was arrested two days later and, relevant to his second jury trial at issue in this appeal, charged with one felony count of resisting an executive officer by use of force or violence, in violation of Penal Code section 69, subdivision (a), and one misdemeanor count of resisting a peace officer, in violation of section 148, subdivision (a)(1)). The jury was unable to reach a verdict on the felony count, but convicted defendant of the misdemeanor count. The prosecutor dismissed the felony count after the trial court declared a mistrial, and the court sentenced defendant to 365 days in jail, with credit for time served, and imposed a $100 restitutio
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