Feb. 22, 2023 – People v. Kenney (4th Dist., Div. 1, D079227)

The Court of Appeal holds the trial court did not err in denying defendant’s motion to dismiss charges of resisting/obstructing a peace officer where the officer was performing a lawful duty by removing defendant from his home after verbally informing him of the existence of a restraining order. The Court of Appeal also holds that the trial court erred by failing to instruct the jury on the notice provision of PC 836(c)(2) since it was an essential element of the offense, but that the error was harmless.