P. v. Darden
On June 29, 2006, as a woman alighted from a bus at an intersection in San Bernardino, defendant kicked her from behind, knocking her to the ground. She turned to ask him what he was doing, only to be struck in the face by the defendant, either by punching with his fist, or a kicking with his foot. Then defendant ran off. Officer Yanez was flagged down at the intersection and pursued defendant on foot. Officer Gonzalez was dispatched to the location to assist Officer Yanez. When the two officers caught up with defendant, he resisted arrest by punching and kicking the officers. Officer Gonzalez tackled defendant, and defendant landed on his back on the ground with the officer atop him. While on the ground, defendant punched Officer Gonzalez more than once and took a swing at Officer Yanezs head.
Defendant was charged with one count alleging assault by means likely to produce great bodily injury (Pen. Code, 245, subd. (a)(1), count 1), and two counts of resisting an executive officer. (Pen. Code, 69, counts 2 and 3.) He pled guilty to counts 1 and 2 pursuant to plea agreement whereby he was placed on probation conditioned on serving 129 days in county jail, cooperating with his psychiatrist and taking all prescribed medications.
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