People v. Yakou CA4/1

Filed 2/26/21 P. v. Yakou CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076140

Plaintiff and Respondent,

v. (Super. Ct. No. SCS304061)

CHRYSTAL WALEED YAKOU,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Stephanie Sontag, Judge. Affirmed. Pauline Erika Villanueva, under appointment by the Court of Appeal, for the Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters and Julie L. Garland, Assistant Attorneys General, Robin Urbanski and Yvette M. Martinez, Deputy Attorneys General, for the Plaintiff and Respondent. A jury convicted Chrystal Waleed Yakou of assault with a deadly weapon (Pen. Code,1 § 245, subd. (a)(1)), and found true allegations that she personally used a deadly weapon (a knife); (§ 1192.7, subd. (c)(23)), and

1 Undesignated statutory references are to the Penal Code.

personally inflicted great bodily injury on J.V. (§§ 1192.7, subd. (c)(8), 12022.7, subd. (a)). The court suspended imposition of sentence and granted Yakou three years of formal probation on various terms and conditions, including that she serve 270 days in local custody. Yakou contends the court violated her constitutional rights to due process, a fair trial and to present a complete defense by improperly excluding testimony impacting J.V.’s credibility. We affirm. FACTUAL BACKGROUND On October 6, 2018, Yakou drove her friend J.V. to a nightclub in Tijuana, Mexico. Yakou parked in a lot in San Ysidro, California, and they walked across the international border. They argued in the nightclub, and J.V., who was drunk, returned to the parking lot separately. About an hour later, Yakou arrived and yelled at J.V. for leaving her at the nightclub, saying she was afraid to cross the border alone. J.V. testified that Yakou and J.V. both got into the car but before exiting the parking lot, Yakou stopped the car and ordered J.V. out. J.V. refused. J.V. grabbed Yakou’s phone, and they struggled over it. Yakou punched J.V.’s head, ribs, chest, and hands. J.V. did not hit her back. While Yakou was calling 911, she took out a knife and aimed it at J.V., who put up his hands to block a stabbing to his body. Yakou sliced two of J.V.’s fingers. The dispatcher heard J.V. saying Yakou had just stabbed him. Minutes later, J.V. called 911 and reported the stabbing. He admitted he lied by telling the dispatcher that Yakou was his girlfriend, but explained he was hoping to speed up the emergency response he was requesting. Law enforcement responded while J.V. was still on the phone with 911. J.V. appeared to be in shock and pain. Emergency personnel transported J.V. to the hospital, where he underwent surgery to repair his fingers, which were