222 Cal. App. 4th 512
Cal. Ct. App.2013Background
- Section 69 punishes knowingly resisting an executive officer with force or violence in the performance of duties.
- Bernal argues §69 requires actual force against the officer; the People reject this narrow reading.
- Record shows Bernal’s forceful resistance while police attempted to restrain him on a bike path, including dragging an officer eight to ten yards.
- Court interprets §69 to cover forceful resistance even when force isn’t directed at the officer’s person.
- Carrasco and Martin treat forceful resistance as sufficient under §69, expanding beyond direct assault on an officer.
- Court affirms Bernal’s conviction for resisting an executive officer with force or violence.
Issues
| Issue | Plaintiff's Argument | Defendant's Argument | Held |
|---|---|---|---|
| Whether force or violence proven under §69 despite lack of direct contact | Bernal contends no force against the officer | State argues forceful resistance suffices under §69 | Yes; forceful resistance satisfies §69 |
| Whether a sua sponte instruction on "force or violence" was required | Bernal argues instruction was required | No sua sponte instruction necessary | No; not required |
Key Cases Cited
- In re Manuel G., 16 Cal.4th 805 (1997) (statutory two-part structure of §69 described; scope of offense)
- Carrasco, 163 Cal.App.4th 978 (2008) (forceful resistance supports §69; lesser included offense issue discussed)
- Martin, 133 Cal.App.4th 776 (2005) (section 69 not limited to direct officer-directed violence; violence can be incidental to arrest)