People v. Knight CA1/1

Filed 4/28/22 P. v. Knight CA1/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE,

Plaintiff and Respondent,

A161725

v. RICHARD CHARLES KNIGHT, (Marin County Super. Ct. No. SC212302A) Defendant and Appellant.

MEMORANDUM OPINION1

This case arose out of what the trial court termed “a scuffle” between defendant and a neighboring resident who thought defendant was going to break into his vehicle. The court, sitting as the trier of fact, found the neighbor reasonably restrained defendant by grabbing his sweatshirt while calling the police. The court further found defendant’s efforts to escape from the neighbor were unreasonable, particularly when defendant drew and used a knife to slice the neighbor’s arm. The court therefore rejected defendant’s…