People v. Hammond CA3

I. BACKGROUND

The information charged defendant with trespass and deterring or preventing an executive officer from performing an official duty by the use of force and violence. (Pen.

1 Code,1 §§ 69, 602, subd. (k).) The information further alleged circumstances in aggravation, including that defendant used a weapon in the crime, had prior convictions as an adult that were numerous and of increasing seriousness, and that he served a prior prison term. (Cal. Rules of Court, rule 4.421(a), (b).) The facts at trial are undisputed. A customer alerted a local gas station manager that a shopping cart was blocking one of the driveways to the station. The manager went around back, saw the cart, and heard noises from the bushes. The manager called out and asked the person to move his cart. The person was angry and responded with abusive language and told the manager, “If I come out, I’ll kill you.” The manager was a “little bit” afraid and walked away. He called the police nonemergency number. Police Officer Michael Pullmann responded. When he arrived at the gas station, he approached the defendant and “it escalated from there.” The officer announced his presence and saw the defendant…