People v. Han CA2/3

Filed 12/12/13 P. v. Han CA2/3 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE, B244915

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA394577) v.

MARK HAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Barbara R. Johnson, Judge. Affirmed as modified. Marissa McKinster Magilligan, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Scott A. Taryle and Kimberley J. Baker-Guillemet, Deputy Attorneys General, for Plaintiff and Respondent.

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Defendant and appellant, Mark Han, appeals his conviction for assault with a semiautomatic firearm, carrying a loaded firearm in public, burglary, attempted criminal threats and negligent discharge of a firearm, with a firearm use enhancement (Pen. Code, §§ 245, [former] 12031 [now, 25850], 459, 664, 422, 246.3).1 Han was sentenced to state prison for a term of seven years, eight months. The judgment is affirmed as modified. BACKGROUND Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206), the evidence established the following. 1. Prosecution evidence. a. October 5 incident. In October 2011,2 Jeannie Nam was living in an apartment complex. Her brother, Young Cho, lived in an apartment right next door and her son, Jason Nam, lived in an apartment on the second floor of the same building. On the night of October 5, Jeannie was in her kitchen when defendant Han came into her apartment uninvited. He was dressed all in black and wearing black sunglasses. Jeannie did not initially recognize him, so she asked who he was. Han said, “I’m a devil.” When Jeannie asked him to remove his sunglasses, Han said, “If I take my glasses off . . . anybody who sees my eyes needs to die.” Han then pulled open his coat to reveal a gun in his waistband. Jeannie eventually recognized Han because he had once come to the apartment complex looking for her son Jason. Han seemed to be drunk or high, and he was not making sense. At one point he said, “I am a killer.” He threatened to kill Jeannie if she did not produce Jason, and he said “he would come back” if she failed. Then, with both arms extended and pointing the