P. v. Strong CA2/6
Bilal J. Strong appeals from judgment after conviction by jury of obstructing a peace officer and battery on a peace officer. (Pen. Code, §§ 148, subd. (a)(1), 243, subd. (b).) The court denied probation and sentenced Strong to 365 days in jail with 212 days of credit.
The owner of a smoke shop reported a theft. Strong matched the owner’s description of the suspect. Two uniformed sheriff’s deputies saw him walking nearby.
The deputies approached Strong. One asked Strong where he was coming from. He grabbed Strong’s arm when he moved away. Strong was agitated and the deputies tried to apply handcuffs. Strong pulled away, struggled, and turned. The handcuffs cut a deputy’s wrist in the struggle. Strong resisted being placed in the patrol car, and a deputy sprayed him with pepper spray. A bystander testified that Strong did not resist.
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