P. v. Alvarado CA5
A jury convicted appellant Armando Alvarado of assault with force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(4)) and resisting an executive officer with force or violence (§ 69). On appeal, appellant contends the trial court should have instructed the jury on the lesser included offense of resisting, obstructing, or delaying a peace officer (§ 148, subd. (a)(1)) (section 148(a)(1)). We conclude the jury was properly instructed because there was no evidence from which the jury could have reasonably concluded appellant committed the lesser offense without also committing the greater, and affirm.
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