People v. Butchermorrissey CA3

BACKGROUND

In the morning hours of March 19, 2024, law enforcement officers responded to reports of a “white male” (later identified as Butchermorrissey) causing a disturbance in and around a convenience store. When they arrived, the officers tried to arrest

1 Butchermorrissey, but he fought back, “kicking his legs and flailing his arms.” Butchermorrissey tried to trip the officers and attempted to bite one of them; he “kept trying to grab” an officer by the wrist. Ultimately, the officers had to place Butchermorrissey in a “department issued WRAP device” in order to arrest him. Several officers sustained bruises and scratches as a result of the altercation. The People subsequently charged Butchermorrissey with felony resisting an executive officer (Pen. Code, § 69, subd. (a)) and misdemeanor petty theft (Pen. Code, §§ 484, subd. (a), 488, 490.5, subd. (a)). The People also alleged Butchermorrissey was previously convicted of a strike offense. Butchermorrissey pled no contest to felony resisting an executive officer. He waived his right to have aggravating factors found true by a jury and agreed the trial court “may find aggravating factors based on” the face of the complaint,…