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People v. Mosi

California Court of Appeals, Fourth District, First Division
Feb 28, 2011
No. D057383 (Cal. Ct. App. Feb. 28, 2011)

Opinion


THE PEOPLE, Plaintiff and Respondent, v. MALIK ASAD MOSI, Defendant and Appellant. D057383 California Court of Appeal, Fourth District, First Division February 28, 2011

NOT TO BE PUBLISHED

APPEAL from a judgment of the Superior Court of San Diego County, No. SCS236192, Esteban Hernandez and Alvin Green, Judges.

HALLER, J.

On February 22, 2010, Malik Mosi pleaded guilty to assaulting a peace officer by means likely to cause great bodily injury (Pen. Code, § 245, subd. (c)) in exchange for dismissal of the five remaining charges and a stipulated sentence of probation, including 270 days in custody and standard domestic violence prevention orders. On May 11, 2010, Judge Esteban Hernandez sentenced appellant in accordance with the plea bargain and awarded victim restitution of $26,000 to the National City Police Department and $9,126.29 to the San Diego Sheriff's Department. After sentencing, defendant requested a Marsden hearing, which Judge Alvin Green heard and denied.

People v. Marsden (1970) 2 Cal.3d 118).

FACTS

Because there was no preliminary hearing, the facts are taken from the probation report.

On the evening of February 8, 2010, defendant and his girlfriend of five years were involved in a domestic violence dispute in which Mosi damaged personal property in their apartment and threw items of furniture towards his girlfriend. Fearing for her safety and that of their two-year-old child, she called 911.

A deputy sheriff who responded to the emergency call spotted Mosi driving away from the scene and attempted to initiate a traffic stop. Defendant failed to yield. In the ensuing chase, defendant drove on the freeway at speeds in excess of 80 miles per hour and drove on surface streets where he ran through stop signs and red lights, reached speeds in excess of 50 miles per hour and ultimately turned into a cul-de-sac. There, defendant turned his vehicle around and drove directly into the deputy's patrol car, disabling it. Mosi then drove away from the collision site and, on a nearby street where a National City police officer was waiting to take up the pursuit, defendant drove directly into the patrol car. Neither officer was injured.

DISCUSSION

Appointed counsel has filed a brief summarizing the proceedings below. Counsel presents no argument for reversal but asks that this court review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to five possible, but not arguable, issues: (1) the validity of the guilty plea and sentence; (2) whether Mosi received the correct number of presentence custody credits; (3) whether the court properly denied defendant's postsentencing Marsden motion; (4) whether the court was authorized to impose a stay away order from his girlfriend as a condition of probation; and (5) the propriety of the victim restitution awards. We granted Mosi permission to file a brief on his own and he has not responded.

A review of the record pursuant to People v. Wende, supra, 25 Cal.3d 436 and Anders v. California, supra, 386 U.S. 738 has disclosed no reasonably arguable appellate issues. Competent counsel has represented Mosi on this appeal.

DISPOSITION

The judgment is affirmed.

WE CONCUR: HUFFMAN, Acting P. J., IRION, J.


Summaries of

People v. Mosi

California Court of Appeals, Fourth District, First Division
Feb 28, 2011
No. D057383 (Cal. Ct. App. Feb. 28, 2011)
Case details for

People v. Mosi

Case Details

Full title:THE PEOPLE, Plaintiff and Respondent, v. MALIK ASAD MOSI, Defendant and…

Court:California Court of Appeals, Fourth District, First Division

Date published: Feb 28, 2011

Citations

No. D057383 (Cal. Ct. App. Feb. 28, 2011)