People v. Yousif CA1/5

Filed 6/28/21 P. v. Yousif CA1/5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, Plaintiff and Respondent, A158773 v. OSMAN ABDELMOMIA YOUSIF, (San Mateo County Super. Ct. No. 18-SF-007963-A) Defendant and Appellant.

A jury convicted Osman Abdelmomia Yousif of criminal threats (Pen. Code, § 422, subd. (a); count one)1, misdemeanor brandishing of a deadly weapon (§ 417, subd. (a)(1); count three), and carrying a concealed dirk or dagger (§ 21310; count four). Yousif appeals, arguing that his convictions on counts one and three should be reversed because the prosecutor committed prejudicial misconduct and that the period of his probation must be reduced to two years. We agree with Yousif on the latter point. Accordingly, we direct the trial court to modify Yousif’s probationary term and otherwise affirm the judgment.

1 Undesignated statutory references are to the Penal Code.

1

BACKGROUND A. In July 2018, Victor Chavarin, Conrrado Cardenas, and Cristian Camacho were employed as security guards on a farm in Half Moon Bay. The farm had “no trespassing” signs posted. On July 3, Cardenas and Chavarin were patrolling, in a marked Jeep with a strobe light on the roof, when they saw Yousif on the property. Cardenas and Chavarin informed Yousif that he was trespassing and that they were security. Yousif kept walking. Chavarin exited the Jeep and asked Yousif what business he had on the property. Yousif responded in a loud and aggressive tone, “ ‘Fuck you. Don’t you know who I am? You better ask people about me. I’m Yousif.’ ” Cardenas also exited the Jeep and told Yousif he needed to leave. Yousif took a few steps toward Chavarin and faced him, in an aggressive stance. Chavarin pulled out a canister of pepper spray but did not point it at Yousif. Chavarin warned him that the police would be called if he did not leave. Cardenas also removed his pepper spray and pointed it towards the ground. Before leaving, Yousif threw a soda he had been carrying at Chavarin. While the cup did not hit Chavarin, some of the liquid sprayed him. The next day, Yousif returned to the property when Cardenas and Camacho were working. Yousif was holding a shovel over his shoulder. Cardenas and Camacho were driving a marked Jeep and wearing t-shirts that showed the security company’s logo. Cardenas parked the car, about five to 10 feet from Yousif, and the two guards got out. Both guards asked Yousif what he was doing on the property— Camacho (in English) and Cardenas (in Spanish). Yousif, who had previously appeared calm, immediately became angry. Yousif responded, “ ‘Fuck you,