People v. Williams

Williams was lying on the sidewalk while his friends smoked and otherwise violated Santa Cruz Municipal Ordinances. Williams interfered and physically resisted officers when they attempted to issue citations. The officers used force. Williams was charged with delaying, obstructing, or resisting a police officer engaged in the lawful performance of his duties (Penal Code 148(a)(1)). During deliberations, the jury asked: “If a peace officer is correctly conducting duties ... If a 148(a)[(1)] violation occurs ... If then, subsequent to the violation, excessive force is used, does this invalidate the 148(a)[(1)] violation?” The court responded “NO.” The jury found Williams guilty. The court of appeal affirmed, concluding that the court did not err in responding to the jury question. If a defendant delays, obstructs, or resists a police officer who is engaged in the lawful performance of his duties, the defendant may be convicted of violating section 148(a)(1) even if the officer uses excessive force after the completed violation. The court rejected an argument that the jury was erroneously instructed that Williams could be convicted of violating section 148(a)(1) if it found that he stepped in front of an officer who was writing a citation because there was no evidence that Williams thereby delayed, obstructed, or resisted the officer. View "People v. Williams" on Justia Law