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Name: In re Joseph F.
Case #: A086336
Court: CA Court of Appeal
District 1 DCA
Division: 5
Opinion Date: 12/22/2000
Subsequent History: Rev. den. 4/11/01

There was sufficient evidence that appellant had committed a battery on a police officer. Although appellant argued that he was justified in resisting arrest because excessive force was used which make it reasonable for him to defend himself, the trial court impliedly found that Salas did not use excessive force. Determining whether the officer’s actions were objectively reasonable in light of the facts and circumstances confronting him, without regard to his underlying intent or motivation, is a pure question of fact. Here, there was sufficient evidence in the record to support the finding. When appellant did not heed Salas’ order to stop, Salas attempted to grab appellant and apply a wristlock. No weapon or infliction of bodily harm was involved.