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People v. Pennington

Failure to prove harbor patrol officer was a peace officer required reversal of conviction for battery of a peace officer.

Defendant was convicted of misdemeanor battery of a peace officer in violation of Penal Code sections 242/243(b). The victim was a member of the City of Santa Barbara harbor patrol. Unlike most police officers, harbor patrol officers are peace officers only if their primary duty is law enforcement when acting on the property or when performing necessary duties anywhere in the state. The prosecution failed to prove the victim had the required primary duty of law enforcement. The conviction was reversed.

____ Cal.5th ____, ____ Cal.Rptr.3d ____, 2017 D.A.R 7933 (2017) August 17, 2017 (S222227)

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