P. v. Quintana CA1/3
A jury found defendant-appellant Joseph D. Quintana guilty of resisting an executive officer (Pen. Code, § 69, count 1), resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1), count 2), and driving with suspended or revoked driving privileges (Veh. Code, § 14601.1, subd. (a), count 3).
Quintana appeals and raises four issues: (1) counts 1 and 2 must be reversed because the trial court gave a modified version of CALCRIM No. 2670 that lowered the prosecution’s burden of proof on the issue of the officers’ lawful performance of their duties; (2) counts 1 and 2 must be reversed because the modified version of CALCRIM No. 2670 given was argumentative; (3) all counts must be reversed because the trial court prejudicially erred in admitting evidence of uncharged misconduct pursuant to Evidence Code section 1101, subdivision (b); and (4) count 2 must be reversed because it was a lesser included offense of count 1, thus multiple convictions were barred.
We reject
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