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PEOPLE v. PRINGLE

Docket No. AO18654.

151 Cal.App.3d 854 (1984)

199 Cal. Rptr. 27

THE PEOPLE, Plaintiff and Respondent, v. KEVIN B. PRINGLE, Defendant and Appellant.

Court of Appeals of California, First District, Division Five.

February 7, 1984.

Attorney(s) appearing for the Case

COUNSEL

William Holley, Edward Mahler and McManis & Holley for Defendant and Appellant.

John K. Van de Kamp, Attorney General, Eugene Kaster, John B. May and Laurence K. Sullivan, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

KING, J.

(1) In this case we hold that a police officer cannot be convicted of wilfully refusing to make an arrest when he arrests a person charged with a criminal offense but thereafter releases her en route to the police station, even if the release was preceded by the parties engaging in sexual relations during the trip. A jury convicted San Jose Police Officer Kevin B. Pringle of refusal by a peace officer...

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