P. v. Martin
Appellant Arnold David Martin was found guilty by a jury of possession of a deadly weapon in violation of Penal Code section 12020, subdivision (a) (count 1) and resisting an executive officer in violation of Penal Code section 69 (count 2). Imposition of sentence was suspended and appellant was placed on probation for a period of three years on certain terms and conditions.
Officer Carter of the Fairfield Police Department saw appellant riding his bicycle and then running a red light at a four-way intersection. Carter exited his patrol car and appellant was now standing near his bike. Carter directed appellant to sit down, but appellant did not comply. As appellant approached Officer Carter, Carter grabbed hold of appellant’s right arm to detain him. At this point, appellant pulled away and grabbed the handle of Carter’s gun which was holstered. Carter struck appellant in the face with the palm of hand which caused appellant to spin around, allowing Carter to put appellant in a “carotid restraint.†Although continuing to resist, appellant was eventually subdued. When searched, a dagger was found tucked into appellant’s waistband.
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