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PEOPLE v. SMITH

No. S201186.

57 Cal.4th 232 (2013)

159 Cal. Rptr. 3d 57

303 P.3d 368

THE PEOPLE, Plaintiff and Respondent, v. DEWONE T. SMITH, Defendant and Appellant.

Supreme Court of California.

July 18, 2013.

Attorney(s) appearing for the Case

Melanie K. Dorian, under appointment by the Supreme Court, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Linda C. Johnson,   Michael C. Keller and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

OPINION

LIU, J. —

Defendant Dewone T. Smith was charged with resisting an executive officer in the performance of his duties under Penal Code section 69 (hereafter section 69) and convicted by a jury. During the trial, the superior court denied defendant's request to instruct the jury that it could instead convict him of the lesser offense of resisting a public officer under Penal Code section 148, subdivision (a)(1) (hereafter section...

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