People v. White CA3

Filed 7/22/21 P. v. White CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Shasta) ----

THE PEOPLE, C091235

Plaintiff and Respondent, (Super. Ct. No. 19F3432)

v.

MICHAEL JAMES WHITE,

Defendant and Appellant.

Appointed counsel for defendant Michael James White filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) After examining the record, we conclude that there are errors in the abstract of judgment and minutes that must be corrected, but that there are no other arguable errors that would result in a disposition more favorable to defendant. We shall direct the clerk to amend the abstract of judgment and minutes accordingly, and otherwise affirm.

1

I. BACKGROUND At nearly midnight on June 2, 2019, B.S. observed defendant, who lived nearby, walking along the street outside the home B.S. shared with N.B.; defendant was yelling. B.S. went outside to ask defendant what was wrong. Defendant responded that B.S. had knocked him down several months ago, and then struck B.S. in the mouth with a closed fist, causing swelling and bleeding. N.B. ran to the street and began struggling with defendant; during the melee, defendant punched N.B. After B.S. punched defendant several times, defendant released his hold on N.B. Defendant then returned to the direction of his residence down the street. B.S.’s wife called police. Shortly after midnight officers responded to the scene. Officer Matthew Bruce was aware that defendant was a “parolee at large,” and called for backup. As several officers approached defendant’s location, they noticed a silhouette moving through a nearby field. They announced they were police and asked defendant to confirm his identity. After defendant did not respond, Officer Bruce ordered him to come towards the officers. Defendant ignored the command. Officer Bruce then approached defendant and instructed him to put his hands behind his back. Defendant turned and started to walk away. Although Officer Bruce grabbed defendant’s arm and shoulder area, defendant continued to walk away. The officer pushed defendant into the wall of a nearby house. After informing defendant that there was a warrant for his arrest and that he would be taken into custody, Officer Bruce attempted to handcuff defendant. Defendant, however, attempted to run in the opposite direction, dragging the officer. Officers Brett Leonard and Timothy Jaegel helped grab defendant, taking him to the ground. Defendant pulled away from Officer Leonard’s grasp and held onto Officer Jaegel’s hand to prevent him from removing his hand from under defendant’s body. Defendant continued to struggle while on the ground, but he