People v. Rowley CA3

I. BACKGROUND

In August 2017, defendant was staying with his father. The two got into an argument over how long defendant could stay, and defendant hit the father several times with his hands and damaged the bathroom door. Police arrived but left at the father’s request because it seemed to be making defendant more agitated. Approximately two hours later, the father called police again, saying defendant would not stop hitting him. When officers arrived, defendant resisted arrest and threatened an officer with a machete. Defendant was charged with resisting an executive officer (Pen. Code, § 69, subd. (a)—count 1),1 misdemeanor battery (§ 242—count 2), vandalism causing more than $400 damage (§ 594—count 3), and misdemeanor resisting arrest (§ 148, subd. (a)— count 4). With respect to count 1, it was further alleged defendant had personally used a deadly and dangerous weapon. (§ 12022, subd. (b)(1).) In September 2017, defendant pled guilty to counts 3 and 4. The remaining charges were dismissed with a Harvey waiver.2 In November 2017, the trial court suspended imposition of sentence and placed defendant on probation for 36 months. The court also imposed a $300 restitution fine (§…