Does a defendant have to agree that the police officers were peace officers?
California, United States of America
The following excerpt is from The People v. England, 100 Cal.Rptr.2d 63, 83 Cal App 4th 772 (Cal. App. 2000):
Moreover, in its Chapman analysis, the court noted that defendant effectively conceded that the police officers were peace officers. (People v. Flood, supra, 18 Cal.4th at pp. 504-505.) Defendant requested the instruction that included the language challenged on appeal. He did not dispute the prosecution's evidence on this point, refer to this element of the crime during the trial, or argue this issue to the jury. (Ibid.)
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