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Name: In re M.M.
Case #: E045714
Court: CA Court of Appeal
District 4 DCA
Division: 2
Opinion Date: 09/24/2009
Subsequent History: rev. granted 1/20/10 (S177704)
Summary

Minor who ran from campus security officer did not resist a public officer for purposes of Penal Code section 148. The minor ran from a campus security officer who was investigating a vandalism on the school campus. He challenged his subsequent conviction under Penal Code section 148, contending that the he did not resist a public officer because a campus security officer is not a public officer. The appellate court agreed and reversed. Based on the definition of a public officer, a campus security officer is not a public officer as a matter of law.