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PEOPLE v. WILKINS

Docket No. C011793.

14 Cal.App.4th 761 (1993)

17 Cal. Rptr.2d 743

THE PEOPLE, Plaintiff and Respondent, v. THEODORE ALBERT WILKINS, Defendant and Appellant.

Court of Appeals of California, Third District.

March 25, 1993.

Attorney(s) appearing for the Case

COUNSEL

Janet J. Gray, under appointment by the Court of Appeal, for Defendant and Appellant.

Daniel E. Lungren, Attorney General, George Williamson, Chief Assistant Attorney General, Robert R. Anderson, Assistant Attorney General, Shirley A. Nelson and Douglas C. Hamilton, Deputy Attorneys General, for Plaintiff and Respondent.

[Opinion certified for partial publication.*]

OPINION

PUGLIA, P.J.

In this prosecution for obstructing and resisting a peace officer in the performance of his duty, we shall hold that the existence or not of exigent circumstances, upon which the People relied to justify the entry of peace officers into defendant's home to arrest him without a warrant, is an issue for the jury invoking the trial...

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