Does Section 148(a)(1) of the California Penal Code make it a misdemeanor to resist, delay or obstruct a peace officer?
California, United States of America
The following excerpt is from People v. Valencia, APP1400147 (Cal. Super. 2015):
We first note that we review de novo whether the trial court's jury "instructions correctly state the law." (People v. Posey (2004) 32 Cal.4th 193, 218.) Furthermore,
(People v. Cornett (2012) 53 Cal.4th 1261, 1265.) Section 148(a)(1) makes it a misdemeanor to "resist[], delay[], or obstruct[] any . . . peace officer . . . ." But "'"we must consider the [statutory language] in the context of the entire statute [citation] and the statutory scheme of
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