P. v. Kaiban
Filed 8/23/06 P. v. Kaiban CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Placer)
| THE PEOPLE, Plaintiff and Respondent, v. DANIEL STEVEN KAIBAN, Defendant and Appellant. | C050071
(Super. Ct. No. 62042910)
|
Defendant Daniel Steven Kaiban appeals from the judgment after a jury found him guilty of assault by means of force likely to cause great bodily injury (Pen. Code, § 245, subd. (a)(1))[1] and found true the allegation he personally inflicted great bodily injury upon the victim. (§ 12022.7, subd. (a).) He was sentenced to an aggregate prison term of six years.
On appeal, he contends the trial court committed reversible error by denying the jury's request for read-back of his opening statement and closing argument and by denying his motion for appointment of advisory counsel.
We find no error and shall affirm the judgment.
FACTUAL AND PROCEDURAL BACKGROUND
On April 8, 2004, Lenna Dike, the victim in this case, was living with her stepfather, Bob Pruitt, her mother, granddaughter, and defendant, who is Dike's brother. That evening, defendant was angry and was ranting and raving and trying to bait family members into an argument. Dike was tired and did not want to argue with him so she retreated to one of the bedrooms and secured the door with a belt tied to the metal bed frame.
Dike fell asleep but was awakened around midnight when defendant began banging on the door and screaming that she had no business in that room and that he had just as much right to be in the room as she did. Fearing he would break in, Dike got up and went to the door. She tried to keep it closed but defendant pushed on the door with such force that she was thrown into a toy box and fell. As she lay on the floor, he stomped on her ribs, first on one side of her chest then on the other. He also struck her in the head with a bracelet he was wearing, which was made with a table fork wrapped around his wrist with the tines bent outward. Dike felt a sharp blow to her head and then could not remember anything more. The next thing she recalled was hearing her daughter scream.
Responding to a 911 call, Officer Hardesty arrived within minutes and saw Dike sitting in a chair in the living room crying and â€
