P. v. Araujo CA1/2
Rosa Adriana Araujo was convicted in 2008 of three felony counts of attempting to deter or resisting an executive officer in the performance of duty by means of threats or violence. She now appeals from denials of her motions to reduce the convictions to misdemeanors and dismiss them. Araujo challenges the trial court’s decision on a number of grounds, including that it constituted punishment in violation of her constitutional right to freedom of speech, the prosecution used improper methods and the court considered improper factors. She also argues various fines and fees imposed when she was sentenced must be vacated due to subsequently enacted legislation. As we will explain, although we do not agree with all of Araujo’s claims of error, we find reversal necessary because we are unable to conclude the trial court exercised its discretion impartially.
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