Morgan

People v. Morgan

Good Law
Court of Appeal of CaliforniaJuly 8, 2024A166435California11,688 words

Opinion

Opinion

Banke, J.

BACKGROUND

The Encounter Between Defendant and Officers California Highway Patrol Officer Matthew Goulding was driving eastbound in Sonoma County when he spotted “two men in [a] dirt field” that was part of, or on the outskirts of, a county park. The two men were “facing each other.” One (who was later identified as defendant) had a knife and the other, a rock, and they “appeared to be in a stand-off, more or less a confrontation with each other.” Goulding pulled to a stop in the middle of the eastbound lane, at a diagonal, to “get traffic to stop coming towards [him] because [he] didn’t want anybody else near [him] when this dangerous encounter was going on.” Goulding had on his “[f]ull tan uniform with [his] CHP badge and [his] name tag and gun belt and all [his] tools,” and his patrol car was a “fully marked black and white CHP patrol vehicle.” Goulding could see that defendant was holding the knife “with a closed fist . . . with the blade pointed upward.” He was in “an athletic combative stance . . . [c]learly an aggressive stance engaging with . . . the other individual.” Goulding, who was approximately eight to 10 feet away from the men, got out of his vehicle, drew his…

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