P. v. Hoffman CA4/1
Defendant Scott Robert Hoffman was charged with—and ultimately convicted of—battery on a peace officer, San Diego County Sheriff's Deputy James Givens, and resisting arrest. At trial, Deputy Givens testified that while he was standing at the door to Hoffman's mobile home, without provocation Hoffman punched him; Givens tackled him in response. Hoffman told a different story. He testified that the deputy's attack was not precipitated by a punch but solely by an obscenity. No one else saw—or was in the proper vantage point to see—Hoffman throw an initial punch. While others witnessed the later portion of the scuffle, only Hoffman and Givens could testify as to its genesis. Thus, the trial turned on a battle of credibility: Was Hoffman or Givens telling the truth?
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