P.

P. v. Petty CA1/1

Good Law
Court of Appeal of CaliforniaMarch 12, 2013A134686California2,251 words

Opinion

Opinion

Banke, J.

BACKGROUND

On January 17, 2011, defendant was reported brandishing a knife at a passerby in Garberville.1 He ran away when approached by several deputy sheriffs, disregarding an order to get on the ground. As the deputies gave chase, defendant threw objects at them, and when the deputies subdued him with a baton, he hit back. At one point, one of the deputies saw a knife in defendant‘s left hand and ordered defendant to drop it, which he did. Nevertheless, the deputy was stabbed. Eventually, defendant was subdued, although he threatened the deputy who had been stabbed and also spat on one of the deputies. On January 20, 2011, the Humboldt County District Attorney filed a criminal complaint alleging four felony counts: attempted murder of a police officer (Pen. Code, § 664, subd. (e))2; assault on an officer (§ 245, subd. (c)); exhibiting a deadly weapon to resist arrest (§ 417.8); and resisting an executive officer (§ 69). It was further alleged count 2 was a violent felony (§ 667.5, subd. (c)), and count 4 was a serious felony because of defendant‘s use of a deadly weapon (§§ 1192.7, subd. (c)(23), 12022, subd. (b)(1)). On March 8, 2011, defendant waived a preliminary hearing,…

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