People v. Delgado CA6

I. FACTUAL AND PROCEDURAL BACKGROUND2

A. The Underlying Offenses San Jose Police Officer James Hussey pulled Delgado over in May 2001 on suspicion of driving while intoxicated. At the time, Delgado was on parole and there was an outstanding warrant for his arrest. Delgado exited the vehicle and ran into an alley. Officer Hussey pursued Delgado on foot. Eventually, the two collided and fell down when Delgado circled around a tree. A struggle ensued during which Delgado grabbed Officer Hussey’s neck and began choking him and bit Officer Hussey’s hand. Officer Hussey hit Delgado in the head with a flashlight several times to subdue him. With the assistance of another officer, Delgado was handcuffed. The second officer searched Delgado and found methamphetamine. When officers attempted to put Delgado in a police vehicle, he again fled on foot before eventually submitting to custody. B. Indictment, Trial, Conviction, and Sentencing The Santa Clara County District Attorney filed an information charging Delgado with resisting arrest (§ 69; count 1); assault on a peace officer by means likely to produce great bodily injury (§ 245, subd. (c); count 2); battery on a peace…