People v. Hisaka CA4/3

Filed 3/28/25 P. v. Hisaka CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G063843

v. (Super. Ct. No. 18NF2658)

SCOTT SEIJI HISAKA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Steven D. Bromberg, Judge. Affirmed. Christine M. Aros, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent.

While driving well above the speed and blood alcohol limits, defendant Scott Seiji Hisaka ran a red light at an intersection in La Habra and “T-boned” another vehicle, killing the driver. Because Hisaka had a prior history of drunk driving, he was charged with implied malice murder and other crimes. A jury convicted him as charged, and he was sentenced to an indeterminate life term. On appeal, Hisaka’s appointed attorney filed a brief pursuant to the procedures set forth in People v. Wende (1979) 25 Cal.3d 436 and Anders v. California (1967) 386 U.S. 738. While not arguing against her client, counsel represented she found no issues to advance on appeal and asked us to review the appellate record, which we have done. We also advised Hisaka of his right to file a written argument on his own behalf, but he has not done so. Finding no arguable issues, we affirm the judgment. STATEMENT OF FACTS In 2008, a decade before the instant case arose, Hisaka tried to flee on foot after crashing his car into a center divider on a roadway in Northern California. He was apprehended by the police and determined to have a blood alcohol concentration (BAC) of .20 percent, which is two and one-half times the legal limit. Hisaka was 18 years old at the time. In talking with the arresting officers, he admitted he was a “dumbass” for driving impaired and stated that his friend’s brother had been killed by a drunk driver. Unfortunately, that incident did not stop Hisaka from drinking and driving. In the early morning hours of June 25, 2018, he was so intoxicated he passed out behind the wheel of his car while waiting at a traffic light in Costa Mesa. The police had to rock Hisaka’s car for about a minute before he finally woke up, and when he did, he was visibly impaired