People v. Malik

224 Cal. Rptr. 3d 435, 16 Cal. App. 5th 587, 2017 WL 4784605, 2017 Cal. App. LEXIS 928
CourtCalifornia Court of Appeal, 5th District
DecidedOctober 24, 2017
DocketC080291
StatusPublished
Cited by8 cases

This text of 224 Cal. Rptr. 3d 435 (People v. Malik) is published on Counsel Stack Legal Research, covering California Court of Appeal, 5th District primary law. Counsel Stack provides free access to over 12 million legal documents including statutes, case law, regulations, and constitutions.

Bluebook
People v. Malik, 224 Cal. Rptr. 3d 435, 16 Cal. App. 5th 587, 2017 WL 4784605, 2017 Cal. App. LEXIS 928 (Cal. Ct. App. 2017).

Opinion

HOCH, J.

*590Defendant Adam Akhtar Malik was convicted by jury of assault with a deadly weapon (Count 2) and making a criminal threat (Count 3).1 With respect to the latter count, the jury found defendant personally used a deadly or dangerous weapon. With respect to both, the jury found defendant personally inflicted great bodily injury on the victim. The trial court sentenced defendant to serve seven years in state prison.2

*438On appeal, defendant contends: (1) the trial court abused its discretion and violated his federal constitutional rights by allowing the prosecutor to cross-examine his expert witness, a psychologist who testified defendant suffered from post-traumatic stress disorder (PTSD), concerning her review of several police reports; and (2) the trial court violated Penal Code 3 section 654 by imposing and executing sentence on both counts of conviction because these offenses were committed with the same intent and objective.

We affirm. As we shall explain, while we conclude the trial court abused its discretion and violated defendant's confrontation rights by allowing the prosecutor to relate case-specific testimonial hearsay from the police reports to the jury during her cross-examination of the defense expert, the error was harmless. We reject defendant's claim the trial court was required to stay execution of sentence on the criminal threats conviction under section 654.

FACTS

In October 2014, defendant lived at a Motel in West Sacramento. R.W. lived in a trailer with her boyfriend, the victim, about half a mile away. An elderly woman we shall refer to as M. also lived in a trailer nearby. M. suffered from dementia and was nearly blind. R.W. and the victim were helping her with running various errands. There was also evidence, presented by the defense, they were stealing money from M.'s bank account while doing so. According to defendant's testimony, he first met R.W. and the victim at a party, where he overheard the former bragging about stealing from M. Defendant became disgusted and left the party. Later, after speaking to M. alone and accompanying her to the bank, where he obtained various account documents, defendant reported his suspicions to his probation officer. The probation officer confirmed this conversation with defendant took place.

*591The Stabbing and Threats

About one week later, defendant's girlfriend borrowed one of M.'s cars. She never returned it. According to defendant's testimony, his girlfriend also knew M. and borrowed the car on defendant's behalf because his Jeep had been in a collision and he needed transportation while it was being repaired. At some point, defendant and his girlfriend drove the car to Thunder Valley Casino, where the ignition key became detached from its plastic bow and was lost. Unable to start the car, they left it in the parking lot, retaining the keyless entry remote control (key fob). Sometime later, according to the victim's testimony, M. asked him to find and retrieve the car for her, which he did. While no one reported the car stolen, defendant believed R.W. and the victim had retrieved it in retaliation for him "screwing with their meal ticket." About one week after the car was borrowed, defendant spoke to his probation officer about the situation. The officer gave him some obvious advice: have the person who borrowed the car-defendant did not tell the officer it was his girlfriend who did so-return the key fob.

Rather than follow his probation officer's advice, defendant went to R.W.'s trailer at around 2:00 a.m. the following day and confronted the victim. The victim was standing on a chair outside the trailer, either knocking on a window or trying to open it with a screwdriver or putty knife.4

*439Defendant approached from behind, reached up and grabbed the victim by the mouth with his right hand, and pulled him off of the chair. When the victim fell to a kneeling position on the ground, defendant held a knife to his throat. As the victim described in his testimony, defendant made small side-to-side movements with the knife, cutting his neck "a little bit at a time," while saying: "I'm going to kill you. I'm going to kill you." Defendant also demanded to know "why [the victim] reported his girlfriend to the police." Afraid for his life, the victim said he had money M. gave him to replace the keys to her car. This caused defendant to lower the knife from his throat. When defendant did so, the victim pushed back into defendant with his body to create some separation and then ran towards a car that was parked nearby. Defendant gave chase, repeated that he was going to kill the victim, and stabbed him in the shoulder before he could reach the car. The victim yelled out for help, causing one of his neighbors to come outside to see what was going on. At this point, defendant ended the confrontation with the victim, pointed the knife at the neighbor, and said, "it's personal" as he walked away.

The neighbor called 911. Police and emergency medical personnel arrived within minutes. The victim was transported to the hospital, where he was treated for his injuries. Surgery was performed to explore and repair the wounds. Later in the morning, in response to statements made by the victim *592at the hospital identifying defendant only by his first name, police responded to the motel where defendant was living. When an unidentified individual walked past, one of the officers yelled: "Hey, Adam." That person did not turn around. Defendant, however, opened the door to his room and said: "Did somebody call out Adam?" Defendant was taken into custody. He became agitated when asked to lift up his shirt to be photographed, but complied, and was otherwise calm and cooperative. Aside from a superficial scratch on his back, defendant had no recent injuries. In an alley behind defendant's motel, police found several items of wet clothing beneath the bathroom window of defendant's room. The room was also searched, but nothing of evidentiary value was recovered.

Defense Case

As mentioned, in addition to the counts of conviction, defendant was charged with attempted murder. The defense case sought to establish defendant acted in self-defense when he stabbed the victim, had no intent to kill, and he suffered from PTSD from his prior military service in the Iraq War, a condition that became worse after an incident in 2012 in which defendant was shot while evading a sheriff's deputy.

Defendant's parents testified concerning their observations of changes in defendant's behavior following the war, such as being "nervous," "quicker to react to situations," and "vigilant about who and what was around him." After the shooting incident, defendant became "paranoid" and "fearful for his life." As his mother described: "He had panic attacks, nightmares, couldn't sleep. He became very depressed and easily upset, as compared to before." He was living with his parents at the time and would periodically climb onto the roof because he believed police or others were looking for him. On one occasion, defendant stayed out all night.

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Cite This Page — Counsel Stack

Bluebook (online)
224 Cal. Rptr. 3d 435, 16 Cal. App. 5th 587, 2017 WL 4784605, 2017 Cal. App. LEXIS 928, Counsel Stack Legal Research, https://law.counselstack.com/opinion/people-v-malik-calctapp5d-2017.