P. v. Knight CA1/1
This case arose out of what the trial court termed “a scuffle” between defendant and a neighboring resident who thought defendant was going to break into his vehicle. The court, sitting as the trier of fact, found the neighbor reasonably restrained defendant by grabbing his sweatshirt while calling the police. The court further found defendant’s efforts to escape from the neighbor were unreasonable, particularly when defendant drew and used a knife to slice the neighbor’s arm. The court therefore rejected defendant’s claim of self-defense, finding defendant “profoundly lack[ed] credibility” and convicted him of one count of assault with a deadly weapon (Pen. Code, § 245, subd. (a)(1)) accompanied by infliction of great bodily injury (§ 12022.7, subd. (a)).
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