People v. Hashemi CA2/2


Filed 12/31/20 P. v. Hashemi CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B301470 (Consolidated with B302906) Plaintiff and Respondent, (Los Angeles County v. Super. Ct. No. PA081437) SEYED HASHEMI, Defendant and Appellant. APPEAL from a judgment, and a petition for writ of habeas corpus, of the Superior Court of Los Angeles County, Ronald S. Coen, Judge. The judgment is affirmed; petition denied. Seyed Hashemi, in pro. per.; Thomas Owen, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Michael R. Johnsen and Peggy Z. Huang, Deputy Attorneys General, for Plaintiff and Respondent. ****** Seyed Hashemi (defendant) was convicted of a series of crimes against his ex-wife that culminated in him kidnapping and carjacking her at gunpoint, all the while threatening to kill her. On appeal, he challenges (1) the trial court’s ruling limiting one aspect of his cross-examination of his ex-wife, and (2) the sufficiency of the evidence underlying his conviction for kidnapping for carjacking (Pen. Code, § 209.5, subd. (a)).1 Defendant also filed a petition for a writ of habeas corpus. None of defendant’s arguments has merit, so we affirm the judgment and deny the petition. FACTS AND PROCEDURAL BACKGROUND I. Facts A. Marriage and divorce Defendant and Mahsan S. (Mahsan) met in 2010 and started dating. After defendant’s second arrest for driving under the influence over the summer of 2011, defendant and his family started “calling [her] all the time” and “pressur[ing]” Mahsan to marry defendant to “help him get out of jail” and to “prevent him from being deported.” In September 2011, she succumbed to the pressure and married him at the jail despite feeling that “he [was] not right for [her].” Although they continued to be intimate after the marriage ceremony, they did not live together and she did not tell her family. 1 All further statutory references are to the Penal Code unless otherwise indicated. 2 Mahsan filed for divorce in March 2012, and the divorce was finalized in September 2012. B. Defendant’s campaign of unwelcomed contact and threats Between September 2013 and March 2014, defendant would park outside of a gated apartment complex where Mahsan lived. From time to time, he would also follow her when she left and, at times, would confront her. When he confronted her, defendant promised that he would never leave her alone, threatened to ruin her life, and threatened to kill her. C. The March 2014 incident On March 22, 2014, defendant approached Mahsan—in violation of a newly issued restraining order—as she was jogging at Warner ...

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Source: All recent Immigration Decisions In All the U.S. Courts of Appeals