P. v. Hasan
Filed 6/7/13 P. v. Hasan CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
California
Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or
relying on opinions not certified for publication or ordered published, except
as specified by rule 8.1115(b). This
opinion has not been certified for publication or ordered published for
purposes of rule 8.1115.
IN THE COURT OF APPEAL OF THE STATE OF
FOURTH APPELLATE DISTRICT
DIVISION TWO
>
THE PEOPLE, Plaintiff and Respondent, v. AMIDA ESTED HASAN, Defendant and Appellant. | E057248 (Super.Ct.No. FVI1200915) OPINION |
APPEAL
from the Superior Court
of
Bernardino County. Eric
M. Nakata, Judge. Affirmed.
Melanie
K. Dorian, under appointment by the Court of Appeal, for Defendant and
Appellant.
No
appearance for Plaintiff and Respondent.
A jury found defendant and appellant
Amida Ested Hasan guilty of two counts of assault with force likely to produce
great bodily injury (Pen.
Code, § 245, subd. (a)(4), counts 1 & 2) and two counts of misdemeanor
battery (Pen. Code, § 242, counts 3 & 4).
The jury also found true that in the commission of count 1 defendant had
personally inflicted great bodily injury upon the victim. (Pen. Code, § 12022.7, subd. (a).)
motion for a new trial, defendant was sentenced to a total term of eight years
in state prison with credit for time served.
Defendant appeals from the judgment.
We find no error and affirm.
I
FACTUAL
BACKGROUND
On
January 19, 2012, a group
of four girls were walking home from Hook
Junior High School in Victorville
when they were approached by a group of five or six individuals. The girls recognized the male juvenile and
his sisters from school. Defendant
approached one of the girls, O.L., and accused her of pushing defendant’s son
off of his bicycle and hitting him. Soon
thereafter, defendant instructed her eight-year-old daughter to fight with O.L. The young girl began to punch O.L., who began
to cry and state that she wanted to go home.
As O.L. turned around, defendant slapped her in the mouth. O.L. believed that defendant had a pair of
keys in her right hand when she hit her.
As
defendant, her son, and one of her daughters held O.L., defendant then instructed
her 18-year-old daughter Bella to fight another girl, P.L. Bella pulled P.L.’s hair and began to punch
her. Defendant also pulled P.L.’s hair,
as Bella slammed P.L. against a brick wall and continued to beat her.
Meanwhile,
Christina C., her wife Jennie C., the couple’s foster daughter, and Jennie’s
younger sister, who were stopped in their car at an intersection, saw the
altercation. Jennie and Christina got
out of their car and yelled for the group to stop. Defendant and one of the teenage girls, while
holding their fists up, then charged toward Christina. Defendant yelled at Christina, asking her whether
she wanted to fight. Christina said that
she did not want to fight and told defendant to leave the girls alone.
However,
defendant swung at Christina and missed.
Jennie pushed Christina back into the car. Defendant and the teenage girl followed
Christina and began punching her on the side of her head. Defendant grabbed Christina’s hair, and hit
her a few times on the top of her head and nose with her fists, while the
teenage girl kicked her from behind. Jennie
tried to protect Christina by standing in front of her, and as a result, she
was also kicked and hit in the head. At
one point, defendant hit Jennie on the side of her head, causing her to fall
over the passenger side of the hood and bleed.
Jennie was unable to see, and there was blood on her face, ground, and
side of the car. Defendant continued to
hit Jennie as she fell over the hood of the car.
Other
drivers tried to intervene but were stopped by defendant. The group eventually walked away when the
couple’s foster daughter yelled “police.â€
As defendant was leaving and waving her hands, Christina noticed a pair
of keys in her hand.
Within
minutes of a 911 call, police arrived, spoke with the witnesses, and took
photographs. O.L. had no visible
injuries; P.L. sustained a small mark on her arm; Christina had chucks of
missing hair, welts on her forehead, and bruising on her back and shoulders;
and Jennie had a wound to her right
eye, cuts on her face, and injuries to her mouth and nose. Jennie was transported to a hospital, and then
airlifted to Arrowhead Regional
Medical Center. Jennie received 22 stitches for lacerations
on her face and continued to suffer headaches and pain on the right side of her
head.
II
DISCUSSION
Defendant
appealed and, upon her request, this court appointed counsel to represent her. Counsel has filed a brief under the authority
of People v. Wende (1979) 25 Cal.3d
436 and Anders v. California (1967) 386
U.S. 738, setting forth a statement of the case, a summary of the facts and
potential arguable issues, and requesting this court conduct an independent
review of the record.
We
offered defendant an opportunity to file a personal
supplemental brief, but she has not done so. Pursuant to the mandate of
we have independently reviewed the record for potential error and find no
arguable issues.
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
McKINSTER
J.
CODRINGTON
J.
name="_ftn1" title=""> [1] The jury found not true the
allegations that defendant used a deadly and dangerous weapon (Pen. Code, §
12022, subd. (b)(1)) in the commission of counts 1 and 2.
