Serna

I.

FACTS AND PROCEDURAL BACKGROUND

On August 21, 2021, at approximately 8:30 a.m., California Highway Patrol

Officer Holguin was on duty providing security and protection for Caltrans as they

performed weed abatement near the freeway. The officer was in a marked patrol vehicle

and in uniform. Officer Holguin was informed there was a pedestrian ahead who was

walking within the traffic lanes. The officer encountered defendant and used his vehicle

to block traffic so defendant would not be struck by oncoming traffic. The officer asked

defendant to move over to the right shoulder and defendant complied.

The officer attempted to park his patrol unit, but defendant continued walking

northbound. Defendant appeared agitated and had blood on his hands. Defendant

indicated he did not need help and then stated something to the effect of “I’m God.” As

2 The underlying facts are irrelevant to the purely legal issue we decide. We adopt the statement of facts from the appellate division’s unpublished per curiam opinion. (See People v. Velador (2024) 103 Cal.App.5th 687, 691, fn. 1.)

3 defendant started walking back into the lanes, the officer got out of his patrol car and

placed…