THE PEOPLE v. ALI ETEDALI (2011)

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

On August 16, 2010, Earnest Johnson was visiting then 23–year–old Ramona Etedali (daughter) at her family home.   Her father, Ali Etedali (appellant), became angry when he found Johnson in the living room.   Although appellant had never met Johnson, the two men had spoken briefly when Johnson had phoned to speak to the daughter.   Appellant locked the front door and said, “Nobody is going anywhere.”   Daughter rushed to the front door and appellant punched her in the face.   Daughter fell to the ground, and appellant kicked her.   Daughter attempted to reach the door again, and appellant pounded her head and chest with his fist and pushed her to the floor.

Appellant then removed a “dog chain” from around a doorknob and advanced towards Johnson, swinging the chain.   The chain wrapped around Johnson and struck his back.   Johnson grabbed appellant's arm and retrieved the chain.   Johnson and daughter ran towards the backyard, using the side door, and reached Johnson's car.   As appellant tried to stop them from fleeing in the car, he was on the phone to law enforcement, claiming he had been attacked by his daughter and her friend.   Daughter was treated at a hospital for a broken nose and bruised left hand.   When the deputy sheriff arrived, appellant said he had struck Johnson in self-defense because he was “a big guy with a criminal history.” ¹  Appellant testified at trial that Johnson was the aggressor, and that he struck Johnson with the dog chain in self-defense.   Appellant denied “touching” his daughter.

Appellant was charged in an information with assault by means likely to produce great bodily injury (Pen.Code, § 245, subd. (a)(1), count 1 (daughter)),² with a special allegation he inflicted great bodily injury under circumstances involving domestic violence (§ 12022.7, subd. (a)), making a criminal threat (§ 422, count 2 (daughter)), and assault with a deadly weapon (dog chain) (§ 245, subd. (a)(1), count 3 (Johnson)), with a special allegation he used a deadly weapon to commit the offense (dog chain) (§ 12022, subd. (b)(1)).

At the conclusion of the People's case-in-chief, appellant made a motion for judgment of acquittal (§ 1118.1), which the trial court granted as to count 2. The jury convicted appellant on the remaining counts.   The court heard and denied his motion for a new trial.

At sentencing, the trial court found the case presented unusual circumstances and placed appellant on five years of formal probation, on condition he serve 180 days in county jail.   Appellant received presentence custody credits of 26 days (18 actual days and 8 days of conduct credits).   The court ordered appellant to pay a $40 security assessment, a $30 criminal conviction assessment, a $400 domestic violence fund fine and a $200 restitution fine.   The court imposed and suspended a parole revocation fine pursuant to section 1202.45.

Appellant filed a timely notice of appeal.   We appointed counsel to represent appellant on appeal.   After examination of the record counsel filed an opening brief in which no issues were raised.   On August 19, 2011, we advised appellant he had 30 days within which to personally submit any contentions or issues he wished us to consider.   No response has been received to date.

We have examined the entire record and are satisfied appellant's attorney has fully complied with the responsibilities of counsel and no arguable issues exist.  (Smith v. Robbins (2000) 528 U.S. 259, 277–284 [120 S.Ct. 746, 145 L.Ed.2d 756];  People v. Kelly (2006) 40 Cal.4th 106, 112–113;  People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

We concur:

FOOTNOTES

FN1. Johnson admitted at trial his prior convictions..  FN1. Johnson admitted at trial his prior convictions.

FN2. Statutory references are to the Penal Code..  FN2. Statutory references are to the Penal Code.

PERLUSS, P.J. JACKSON, J.