A153435

A minor was convicted of violating Penal Code sections 69 (resisting an executive officer) and 71 (threatening a public official) after he said to a school resource officer, “[i]f you take that badge off, I will kick your fucking ass.” The Court of Appeal found that insufficient evidence supported the section 71 finding because: (1) there was no evidence that the minor made the statement in order to cause the officer to refrain from doing any act in the performance of his duties, as required by section 71; (2) there was not evidence that the officer reasonably believed the minor would even carry out the threat; and (3) the minor did not threaten any property.

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