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Criminal Procedure Keyed to Miller
People v. Jaleh Wilkinson
Citation:94 P.3d 551 (Cal. 2004)
Police stopped Wilkinson (defendant) for driving erratically. Wilkinson was unable to complete a field sobriety test and she was uncooperative with booking at the police station. At one point, Wilkinson grabbed a custodial officer’s arm, leaving a welt. When taken to a holding cell, she charged at an officer and yelled, kicked, and banged at the door. A toxicology report shows Wilkinson had been under the influence of a date rape drug.
Wilkinson was charged and convicted of felony battery on a custodial officer without injury pursuant to California Penal Code section 243.1. She appealed, arguing that California’s statutes pertaining to battery on custodial officers violates equal protection. While someone who commits battery on a custodial officer without injury can receive felony punishment under section 243.1, someone who commits battery on a custodial officer resulting in injury can receive a misdemeanor sentence under section 243(c)(1).
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