People v. Marquez-Lopez

Opinion by

Judge RULAND.

Defendant, Jorge Marquez-Lopez, appeals from the judgment entered upon a jury verdict finding him guilty of second degree assault upon a peace officer. We reverse and remand for a new trial.

The record reflects that defendant suffered an epileptic seizure in his mobile home. His mother asked a neighbor to call an ambulance. The neighbor called 911 and stated that defendant was having an “attack of the nerves” and that “he could hurt himself.” The dispatch record of the 911 call also indicated that: “[Informant] doesn’t think he is suicidal.”

A deputy sheriff was…