People v. M. L. B.

Opinion

KOFORD, J.* After a contested hearing appellant, age 14, was found to be a person subject to the jurisdiction of the juvenile court and thereafter made a ward of that court, by reason of having committed a misdemeanor violation of section 69 of the Penal Code.

Appellant presented no evidence at the hearing and does not dispute the fact that he made threatening statements to police officers, but asserts on this appeal that the making of mere threats to an officer unaccompanied by force does not constitute a violation of the statute.

Appellant is wrong; the plain meaning of the statute proscribes attempts by threat to deter an executive officer from performing any duty.

[503]The construction of a statute and its applicability to a given situation are questions of law alone. (Estate of Madison (1945) 26 Cal.2d 453, 456-457 [159 P.2d 630]; Killian v. City and County of San Francisco (1978) 77 Cal.App.3d 1, 7 [143 Cal.Rptr. 430]; 6 Witkin, Cal. Procedure (2d ed. 1971) Appeal, § 210, par. (1), p. 4201.) That threats alone may .constitute a violation of section 69 is compelled by “‘“the usual, ordinary import of the language”’” of the section. (See Killian v. City and County of San Francisco, supra, at pp. 7-8.)

Penal Code section 69 contains two distinct offenses, the commission of which may be a misdemeanor or a felony: (1) “Every person who attempts, by means of any threat or violence, to deter or prevent an executive officer from performing any duty imposed upon such officer by law. ...” (Italics added.) or (2) “[Every person] who knowingly resists, by the use of force or violence, such officer, in the performance of his duty.. .. ”

Apparently Californians are a law-abiding lot so far as executive officers are concerned. In the 108-year history of section 69, enacted in 1872, there is but a handful of reported cases, although regrettably most involve encounters featuring some violence. However, in People v. Patino (1979) 95 Cal.App.3d 11, 27-28 [156 Cal.Rptr. 815], conviction of a violation of section 69 was upheld where the defendant “was identified as one of the persons in the crowd who was yelling, screaming and advancing on the officers in a threatening manner.” In an Idaho case involving a statute virtually identical to Penal Code section 69, a defendant who while being transported to jail told the officer: “‘. . . I am going to kill your ass,’” was held to have been properly convicted. (State v. Wozniak (1971) 94 Idaho 312 [486 P.2d 1025, 1028].)* The essential element of Penal Code section 69 is a “threat” or “force” or “violence.” (Manss v. Superior Court (1914) 25 Cal.App. 533, 535 [144 P. 298].) The surrounding circumstances may establish the specific intent to interfere with the officer’s performance of his duties. (People v. Patino, supra, at p. 27.)