P. v. Hasan CA4/2 ( 2013 )

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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication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 CALIFORNIA
FOURTH APPELLATE DISTRICT
DIVISION TWO
THE PEOPLE,
Plaintiff and Respondent, E057248
v. (Super.Ct.No. FVI1200915)
AMIDA ESTED HASAN, OPINION
Defendant and Appellant.
APPEAL from the Superior Court of San 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.
1
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).)1 After
the trial court denied defendant’s 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.
1The 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.
2
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.” As defendant
was leaving and waving her hands, Christina noticed a pair of keys in her hand.
3
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 People v. Kelly (2006) 40 Cal. 4th 106, we
have independently reviewed the record for potential error and find no arguable issues.
4
DISPOSITION
The judgment is affirmed.
NOT TO BE PUBLISHED IN OFFICIAL REPORTS
RAMIREZ
P. J.
We concur:
McKINSTER
J.
CODRINGTON
J.
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