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People v. Adams12/16/2004
Claude fought the dog and the dog won. A jury convicted Claude Adams of misdemeanor battery on a police dog (Pen. Code, § 600, subd. (a), (count 3)), along with possession of a controlled substance (Health & Saf. Code, § 11350, subd. (a) (count 1)), and misdemeanor resisting arrest (Pen. Code, § 148, (count 2)).
On appeal, Adams challenges only his conviction for battery on a police dog. Adams contends his conviction on this count must be reversed because (1) the court refused defense counsel's request to instruct the jury on the definition of the term "maliciously," (2) the court failed to instruct the jury sua sponte on the definition of the term "without legal justification," and (3) the court failed to provide the jury with a written instruction on the elements of Penal Code section 600, subdivision (a), as the jury requested. We will affirm.
FACTS
On May 10, 2003, around 11:13 p.m., Bakersfield Police Officer Damon Youngblood was working routine patrol in a marked unit with his K-9. Upon seeing Adams walking with an unidentified Hispanic male in an area known for high narcotics usage, Officer Youngblood decided to contact Adams. Adams appeared nervous; he was sweating and displaying symptoms consistent with being under the influence of a central nervous system stimulant. When Officer Youngblood asked Adams if he minded being searched, Adams told him to go ahead. Officer Youngblood found a large sum of money in Adams's rear pocket, which he removed and placed on his patrol car. Continuing the search, Officer Youngblood felt something squishy with hard objects inside it in Adams's left front pocket, which Officer Youngblood thought was possibly rock cocaine. Officer Youngblood pulled the object out and saw a clear plastic baggie containing eight to ten white rocks he believed were rock cocaine.
Adams became "antsy." Officer Youngblood pushed the baggie back into Adams's pocket so he could gain better control of Adams and placed Adams in a reverse wrist lock. He told Adams he was under arrest. Adams took his free hand down from the back of his head and refused Officer Youngblood's orders to put it back. When Officer Youngblood attempted to push Adams to the ground, Adams managed to break free and run away across a parking lot. Officer Youngblood chased him on foot. Despite Officer Youngblood's repeated orders to stop, Adams continued to run. Finally, for safety reasons, Officer Youngblood stopped chasing Adams and set up a perimeter. Area officers responded as backup.
Bakersfield Police Officer Chris Ward and his K-9, Hunter, responded to the call for backup. Upon arrival at the scene, Officer Ward and Hunter took a perimeter position. About 30 minutes later, Officer Ward and Hunter, along with another officer, began searching house to house. Hunter led the officers into the yard of a residence. The house had a stairway up to a porch and a crawl space under the house. Officer Ward found the access to the crawl space after Hunter pulled him toward a bush. Hunter tried to enter the access, but Officer Ward pulled him back. Officer Ward then called Officer Youngblood to the house.
Officer Ward looked into the crawl space, but did not see anyone. He then yelled into the crawl space two or three times that he was with the Bakersfield Police Department and anyone there should come out with his hands up or he was going to send in the police dog. Officer Ward had Hunter bark several times between announcements, then listened each time to see if he could hear anything. When there was no response, Officer Ward deployed Hunter to check the crawl space.
The officers immediately heard barking, followed by yelling and pro
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