P. v. Nelson CA6
A jury found appellant Gregory Martin Nelson guilty of resisting arrest but acquitted him on charges of assault with force likely to produce great bodily injury and inflicting injury on a former cohabitant. The trial court granted a two-year term of probation with 10 days in county jail.
Nelson raises two claims on appeal. First, he contends the evidence was insufficient to support his conviction for resisting arrest because the police were not engaged in the lawful performance of their duties at the time of the arrest. Second, he contends the trial court erroneously instructed the jury on resisting arrest. Because his trial counsel did not object or request pinpoint instructions, Nelson contends counsel provided ineffective assistance.
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