P.

P. v. Perkins CA5

Good Law
Court of Appeal of CaliforniaJune 28, 2013F063997California2,103 words

Opinion

Opinion

FACTS

Correctional Officer Richard Catlin testified to the following: On July 26, 2009 (July 26), appellant was a prisoner confined at California Correctional Institution in Tehachapi (CCI Tehachapi), and was in his cell, when Catlin, who was in the process of delivering a meal to appellant, heard appellant say something. Catlin, who was holding the food tray in his left hand and had just opened the food port, i.e., the opening in the cell door through which food is delivered to the inmate in the cell, leaned closer and, as he was handing the tray over, asked appellant what he had said. At that point, appellant grabbed the officer‘s left wrist and tried to pull it inside the food port. Catlin quickly

All statutory references are to the Penal Code.

2 broke free of appellant‘s grip. Appellant‘s hand was still outside the cell, so Catlin emptied his pepper spray canister into the cell. Catlin suffered scratches to his left wrist. Correctional Officer Eric Barthelmes testified he saw the following on July 26: Officer Catlin unlocked the food port to appellant‘s cell and handed food trays into the cell, at which point a hand reached out of the cell and grabbed Catlin‘s arm.…

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