No. B249482.

229 Cal.App.4th 1376 (2014)

178 Cal. Rptr. 3d 135

THE PEOPLE, Plaintiff and Respondent, v. BRYAN M. PENNINGTON, Defendant and Appellant.

Court of Appeals of California, Second District, Division Six.

September 22, 2014.

Attorney(s) appearing for the Case

Mark R. Feeser , under appointment by the Court of Appeal, 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 and Theresa A. Patterson , Deputy Attorneys General, for Plaintiff and Respondent.



As against a claim of insufficiency of the evidence, we hold that a harbor patrol officer who is (1) sworn as a peace officer, (2) supervised by a city police chief, (3) wears a badge, and (4) carries a police-issued firearm, Taser, baton, handcuffs, and pepper spray is a "peace officer" within the meaning of Penal Code section 830.33, subdivision (b) if he or she performs necessary duties with respect to patrons,...

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