What is the test for whether a police officer qualifies as a peace officer under section 830.33, subdivision (b) of the California Penal Code?

California, United States of America


The following excerpt is from People v. Pennington, 178 Cal.Rptr.3d 135, 229 Cal.App.4th 1376 (Cal. App. 2014):

concede, that the latter instruction was erroneous. A Santa Barbara Harbor Patrol officer qualifies as a peace officer only if the People prove the requirements of either the first or second clause of section 830.33, subdivision (b). Moreover, the constitutional right to a jury trial means that no matter how conclusive the evidence, a trial court cannot directly inform the jury that an element of the crime charged has been established. Absent a stipulation by the defendant that an element is established or is admitted, the trial court must submit that question to the jury. [Citations.] (People v. Yarbrough (2008) 169 Cal.App.4th 303, 315, 86 Cal.Rptr.3d 674.)

The error here is harmless beyond a reasonable doubt because the jury necessarily resolved [the peace officer] issue[ ] against appellant[ ] under other instructions. [Citation.] (People v. Samaniego (2009) 172 Cal.App.4th 1148, 1165, 91 Cal.Rptr.3d 874.) For Hubbard to qualify as a peace officer under the second clause of section 830.33, subdivision (b), the People were required

[229 Cal.App.4th 1385]

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