People v. Henderson

By information filed in Kern County Superior Court, appellant, Octavio Jamal Henderson, was charged with three counts of drawing or exhibiting a deadly weapon, to wit, a pit bull, with the intent to resist or prevent the arrest of himself or another, in violation of Penal Code section 417.8 (counts 1 through 3), and one count of obstructing Deputies Money and Lostaunau in the performance of their lawful duties by means of violence or threat of violence, in violation of Penal Code section 69. Appellant denied the charges and requested a jury trial.

The information was later amended to add Deputy Hakker’s name to count 1, Deputy Money’s name to count 2 and Deputy Lostaunau’s name to count 3. Appellant thereafter entered not guilty pleas to each of the counts as amended.

The matter proceeded to jury trial and, on February 9, 1998, appellant was found guilty as charged. Imposition of judgment took place on March 13, 1998. Probation was denied and appellant was sentenced as follows:

He was thus ordered imprisoned for a total term of five years less appropriate time credits.

Notice of appeal was timely filed on April 9, 1998. Here, appellant challenges the sufficiency of…