People v. Mason, No. 79CA1030
| Docket Nº | No. 79CA1030 |
| Citation | 632 P.2d 616 |
| Case Date | April 02, 1981 |
| Court | Court of Appeals of Colorado |
Page 616
v.
Charles Eugene MASON, Defendant-Appellant.
Rehearing Denied April 30, 1981.
Certiorari Denied Aug. 24, 1981.
J. D. MacFarlane, Atty. Gen., Richard F. Hennessey, Deputy Atty. Gen., Mary J. Mullarkey, Sol. Gen., Morgan Rumler, Asst. Atty. Gen., Denver, for plaintiff-appellee.
Maley, Perry & Schiff, P. C., William O. Perry, Jr., Denver, for defendant-appellant.
COYTE, Judge.
Defendant, Charles Eugene Mason, appeals the judgment of the trial court upon his jury conviction of second degree assault on a peace officer and resisting arrest. We affirm.
Here, there was a summons and complaint written out by a duly authorized animal control officer for the City, identifying three charges against defendant. The summons was tendered to defendant, who refused to sign on the summons that he promised to appear before the municipal court at a specified time and place. Defendant's objections to the summons were met by attempts to change the summons to meet his objections. He was advised by a duly authorized uniformed police officer several times that if he failed to sign he would be placed under arrest. Defendant stated that he would not sign. He was then told that he was under arrest. When two officers attempted to place defendant's arms behind his back to handcuff him, defendant broke free, struck one of the officers, and an altercation began.
Defendant contends that one of the arresting officers testified that he was arresting defendant for failure to sign the summons and complaint. From this testimony, he concludes that since there was no evidence that this failure was an offense, the officers were not acting under color of authority or performing a legal duty, see § 18-8-103, C.R.S.1973 (1978 Repl. Vol. 8), and thus, the People failed to prove every element of the offenses charged. We disagree.
Page 617
Section 18-8-103, C.R.S.1973 (1978 Repl. Vol. 8), provides that:
"(1) A person commits resisting arrest if he knowingly prevents or attempts to prevent a peace officer, acting under color of his official authority, from effecting an arrest of the actor or another, by:
(a) Using or threatening to use physical force or violence against the peace officer or another; or
(b) Using any other means which creates a substantial risk of causing physical injury to the peace officer or another.
(2) It is no defense...
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People v. Schoondermark, No. 84SA99
...P.2d 1006 (Colo.App.1984); People v. Saiz, 660 P.2d 2 (Colo.App.1982); People v. Walker, 634 P.2d 1026 (Colo.App.1981); People v. Mason, 632 P.2d 616 (Colo.App.1981); People v. Gibson, 623 P.2d 391 (Colo.App.1981); People v. Olinger, 39 Colo.App. 491, 566 P.2d 1367 (1977). Defendant's argum......
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Com. v. Urkiel, No. 03-P-1402.
...of assault and battery was not at issue in the case. 11. See People v. Hess, 687 P.2d 443, 447-448 (Colo.1984); People v. Mason, 632 P.2d 616, 617 (Colo.App.1981), both finding sufficient evidence of good faith to support a 12. Of possible interest on police motivation is an exception to th......
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People v. Hess, No. 83SA152
...is unlawful, so long as the officer is acting under color of his official authority and is not using excessive force. In People v. Mason, 632 P.2d 616 (Colo.App.1981), the court of appeals agreed that the "plain wording" of the statute mandated this result. See also People v. Johnson, 677 P......
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People v. Schoondermark, No. 84SA99
...P.2d 1006 (Colo.App.1984); People v. Saiz, 660 P.2d 2 (Colo.App.1982); People v. Walker, 634 P.2d 1026 (Colo.App.1981); People v. Mason, 632 P.2d 616 (Colo.App.1981); People v. Gibson, 623 P.2d 391 (Colo.App.1981); People v. Olinger, 39 Colo.App. 491, 566 P.2d 1367 (1977). Defendant's argum......
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Com. v. Urkiel, No. 03-P-1402.
...of assault and battery was not at issue in the case. 11. See People v. Hess, 687 P.2d 443, 447-448 (Colo.1984); People v. Mason, 632 P.2d 616, 617 (Colo.App.1981), both finding sufficient evidence of good faith to support a 12. Of possible interest on police motivation is an exception to th......
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People v. Hess, No. 83SA152
...is unlawful, so long as the officer is acting under color of his official authority and is not using excessive force. In People v. Mason, 632 P.2d 616 (Colo.App.1981), the court of appeals agreed that the "plain wording" of the statute mandated this result. See also People v. Johnson, 677 P......