P. v. Rogers CA4/1
When defendant Michael Rogers caused a disturbance in a fast food restaurant and refused the manager's requests to leave, two police officers forcibly removed him. Rogers physically resisted the officers, one of whom sustained injuries as a result. Rogers was charged with one count of felony battery with injury on a peace officer (Pen. Code, § 243, subd. (c)(2)), and two counts of resisting an executive officer (§ 69, subd. (a); hereafter, § 69(a)). The jury found Rogers guilty of a lesser-included misdemeanor battery offense, and guilty of both resisting counts. The trial court sentenced Rogers to a total prison term of five years four months, which included consecutive terms on the resisting convictions, and a concurrent term on the battery conviction.
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