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PEOPLE v. SUPERIOR COURT (ANDERSON)

Docket No. AO25220.

151 Cal.App.3d 893 (1984)

199 Cal. Rptr. 150

THE PEOPLE, Petitioner, v. THE SUPERIOR COURT OF THE CITY AND COUNTY OF SAN FRANCISCO, Respondent; NATHANIEL ANDERSON, Real Party in Interest.

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

February 8, 1984.

Attorney(s) appearing for the Case

COUNSEL

Arlo Smith, District Attorney, and Alfred F. Giannini, Assistant District Attorney, for Petitioner.

No appearance for Respondent.

Jeff Brown, Public Defender, Peter G. Keane, Chief Attorney, Teri Sklar, Grace Lidia Suarez and Donna Teshima, Deputy Public Defenders, for Real Party in Interest.

OPINION

FEINBERG, J.

Penal Code section 69 prescribes punishment for "[e]very person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law." The superior court has ruled this section overbroad because it could be used against one who threatened lawful conduct, such as to file a lawsuit or...

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