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PEOPLE v. SUPERIOR COURT

No. A111119.

34 Cal.Rptr.3d 481 (2005)

132 Cal.App.4th 1525

The PEOPLE, Petitioner, v. The SUPERIOR COURT of Solano County, Respondent; Richard James Ferguson, Real Party in Interest.

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

September 29, 2005.

Attorney(s) appearing for the Case

Bill Lockyer, Attorney General of the State of California; Robert R. Anderson, Chief Assistant Attorney General; Gerald A. Engler, Senior Assistant Attorney General; Lisa Ashley Ott, Deputy Attorney General; Amy Haddix, Deputy Attorney General, for Plaintiff and Petitioner.

Susan K. Amato, by appointment of the Court under the First District Appellate Project's Assisted Case System, for Real Party in Interest.

PARRILLI, J.

Does a person "willfully resist" a peace officer when that person flees from an officer attempting a lawful arrest? In this writ proceeding the People seek relief from a trial court order setting aside two counts charging violations of Penal Code section 148.10,1 which applies when a person who willfully resists a peace officer discharging his or her duties proximately causes...

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