People v. Hahn CA2/6

Filed 10/26/20 P. v. Hahn CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B301029 (Super. Ct. No. 2018002357) Plaintiff and Respondent, (Ventura County)

v.

MITCHELL LEE HAHN,

Defendant and Appellant.

A jury found Mitchell Lee Hahn guilty of battery with serious bodily injury (Pen. Code,1 § 243, subd. (d)) and that he personally inflicted great bodily injury (§§ 667, 1192.7). The trial court found that probation was “presumptively inappropriate” and sentenced Hahn to three years in state prison. We reverse and remand to clarify sentencing. In all other respects, we affirm.

All statutory references are to the Penal Code unless 1

otherwise indicated.

FACTS On January 14, 2018, Alan Pancratz was skateboarding with his sons on a normally quiet street in his Oxnard neighborhood. Hahn was driving fast down the street with his friend, Shannon Christensen, in the car. Pancratz told his son, Keegan, then 14 years old, to watch out because he was in front of Hahn’s car. Hahn stopped abruptly, about two feet from Keegan. Keegan was startled and fell to the ground. Hahn got out of the car, threatening and yelling at Keegan. Hahn threw his sunglasses at him. Pancratz quickly walked up to Hahn, yelling at him to slow down. The two men were yelling at each other. Pancratz kicked Hahn’s car. A neighbor who saw the incident described Hahn as “puffed up” and “aggressive.” Pancratz was standing his ground, but did not take a fighting stance. Christensen got out of the car and stood between the two men. She urged Hahn to get back into the car. Eventually, Christiansen returned to the car and sat in the driver’s seat. It appeared that Hahn and Christensen were leaving. Pancratz was no longer yelling. He turned to walk away when Hahn hit him very hard in the throat. At the time, Pancratz was not threatening Hahn or Christensen in any way. Pancratz’s hands were at his side. He fell to the ground unconscious. Hahn, appearing angry, spat on Pancratz. Hahn got into the passenger seat of his car, and Christiansen drove them away. A neighbor captured the incident on her cell phone. Pancratz’s injuries were life-threatening. He spent six days in the hospital. He was placed in a medically induced coma and intubated. He continues to suffer from short-term memory loss.