P. v. Torres
An information was filed in Kern County Superior Court, charging appellant James A. Torres with attempted kidnapping of a child under the age of 14 (Pen. Code, 208, subd. (b), 664; count 1), attempting to remove or take a peace officers firearm while resisting said officer ( 148, subd. (d); count 2), and resisting an executive officer in the performance of his or her duty ( 69; count 3). Appellants first trial ended in a mistrial when jurors deadlocked on all counts. Upon retrial, a jury acquitted appellant on count 1 and all lesser included offenses, convicted him on count 3, and, with respect to count 2, acquitted him of the charged offense, but convicted him of the lesser included misdemeanor offense of resisting arrest ( 148, subd. (a)(1)). Imposition of sentence was suspended on count 3, and appellant was placed on probation for three years on condition that he serve one year in jail. A concurrent 90-day jail term was imposed on count 2. He now appeals, claiming his suppression motion should have been granted and that various errors occurred at trial. The judgment is reversed.
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