People v. Hanif CA3

Filed 9/9/24 P. v. Hanif CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (El Dorado) ----

THE PEOPLE, C098811

Plaintiff and Respondent, (Super. Ct. Nos. S21CRF0107, S20CRF0061) v.

RAHEEM AHMED HANIF,

Defendant and Appellant.

Appointed counsel for defendant Raheem Ahmed Hanif asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) We will affirm the judgment and order the trial court to issue an amended abstract of judgment that reflects the judgment as imposed by the trial court.

1

FACTUAL AND PROCEDURAL BACKGROUND In May 2020, a police officer found Hanif and a group of five or six people standing around a picnic table in a city park with open alcohol containers, a violation of a city ordinance. A second officer told everyone they needed to leave, but Hanif refused. When the second officer tried to walk Hanif to a police car so he could be taken into custody, Hanif ripped away his arm and tried to headbutt the officer. Hanif then continued to fight with the officers. In June 2020, the local police department received a written complaint from Hanif alleging the officers involved in the May 2020 incident used excessive force and exhibited racism. Hanif also wrote letters to several officers in July, August, and October 2020. The complaint and letters contained 12 notarized statements. However, the notary’s log entries for the people who made statements contained incomplete or inaccurate addresses and driver’s license information, indicating some of the people were not real. When an officer contacted some of the individuals who supposedly made a signed statement, they denied witnessing the May incident or signing a related statement. In case No. S20CRF0061 (case No. 0061), Hanif was charged with four counts of resisting an executive officer (Pen. Code, § 69;1 counts 1, 3, 4 & 5) and one count of attempted battery on a peace officer (§ 664/243, subd. (c)(2); count 2). It was further alleged Hanif had a prior strike. (§§ 667, subds. (b)-(j), 1170.12, subd. (b).) In case No. S21CRF0107 (case No. 0107), Hanif was charged with felony conspiracy to commit an act injurious to public health (namely preparing and submitting false witness statements) (§ 182, subd. (a)(5); count 1), eight counts of identity theft (§ 530.5, subd. (a); counts 2-9), 12 counts of forgery (§ 470, subd. (d); counts 10-21), 12 counts of perjury (§ 118, subd. (a); counts 22-33), five counts of preparing false