People v. Humphrey CA3

Filed 6/9/14 P. v. Humphrey CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Yuba) ----

THE PEOPLE, C074887

Plaintiff and Respondent, (Super. Ct. No. 13451)

v.

DAVID LEROY HUMPHREY,

Defendant and Appellant.

This is an appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). On July 29, 2013, an officer attempted to stop defendant David Leroy Humphrey for failing to stop his bicycle at a stop sign. Defendant ignored the officer’s order to stop and fled. The officer observed defendant trying to remove something from his pant’s pocket. The officer again ordered defendant to stop. Defendant tried to run away and, when defendant reached for something in his pocket, the officer used his Taser,…