Fear Not Law Articles: P. v. Haqq

P. v. Haqq

Filed 2/13/07 P. v. Haqq CA2/8

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE,

Plaintiff and Respondent,

JIHAD IBRHIN HAQQ,

Defendant and Appellant.

B177885

(Los Angeles County

Super. Ct. No. BA253217)

APPEAL from the judgment of the Superior Court of Los Angeles County. Ruffo Espinosa, Jr., Judge. Affirmed.

Donald R. Tickle, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Chung L. Mar and Beverly K. Falk, Deputy Attorneys General, for Plaintiff and Respondent.

__________________________

Jihad Haqq appeals from the judgment following his conviction for second degree murder. We affirm.

FACTS AND PROCEDURAL HISTORY

Appellant Jihad Haqq was driving a stolen Camry one night in September 2003. The car had been taken earlier that day, although the record does not identify the thief and appellant was not charged with its theft. Around 11:00 p.m., appellant picked up two friends, Reggie Reed and Richard Howard.

Shortly after midnight that evening, Los Angeles police officers Beard and Anderson were on patrol when they noticed the Camry ahead of them. The Camry's driver was observing traffic laws, neither speeding nor driving unusually. Nevertheless, because Camrys were commonly stolen in the neighborhood, the officers began to follow it.

Sitting in the back seat, Reed noticed the police were behind them. Appellant then told Reed and Howard the Camry was stolen. Howard announced he was not going to go to jail, and jumped out of the slowing car as it approached a stop sign at about five miles per hour. Reed told appellant he, too, wanted to get out because he was on probation. Appellant replied, â€

Description	Defendant appeals from the judgment following his conviction for second degree murder.The People charged appellant with one count of murder and one count of vehicular manslaughter for Hattie Lauderdale's death. They also charged him with unlawful driving or taking of a vehicle, and leaving the scene of an accident in which someone was injured. Appellant contends multiple mistakes by the trial court denied him a fair trial. He complains particularly about some of the court's evidentiary rulings, especially those relating to gangs and opinion testimony by witnesses. Defendant also contends the court's misinstruction of the jury led jurors to mistakenly convict him of murder, instead of the crime of which he was guilty, vehicular manslaughter. Court affirm.
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