Cal.Sup.Ct.;
S222227

The California Supreme Court reversed a judgment of conviction. The court held that the record failed to support a conviction of battery on a peace officer based on a battery on a harbor patrol officer.

Santa Barbara Harbor Patrol Officer Richard Hubbard and his partner, Officer Kelly, responded to a report of an unauthorized person behind the locked gate of one of the marinas. He and his partner discovered Bryan Pennington removing property from a privately owned boat. When they confronted and attempted to restrain him, Pennington fought back. He was charged with multiple felony and misdemeanor offenses, including misdemeanor battery on a peace officer, in violation of Penal Code §243(b). At Pennington's jury trial, the prosecution offered evidence that Hubbard worked for the City of Santa Barbara as a Harbor Patrol officer. While on duty, he wore a uniform identifying him as such. He wore a badge and had the power to make arrests. He carried a department-issued sidearm, taser, baton, and handcuffs. His supervisor was the Chief of the Santa Barbara Police Department. Pennington was found guilty on all charges.