People v. Shaheed CA2/6

Filed 10/18/21 P. v. Shaheed CA2/6 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B306340 (Super. Ct. No. 2019021596) Plaintiff and Respondent, (Ventura County)

v.

OMAR DUANE SHAHEED,

Defendant and Appellant.

Omar Duane Shaheed appeals from the judgment after a jury convicted him of dissuading a witness (Pen. Code, § 136.1, subd. (b)(2)).1 The trial court sentenced him to 16 months in state prison. He contends the conviction is not supported by substantial evidence. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Sheriff’s deputies responded to a 911 call at I.T.’s apartment. She had bruises and swelling on her face, a corneal abrasion, a chipped tooth, a bite mark on her finger, bruises on

1 Subsequent statutory references are to the Penal Code.

her neck, and lacerations on her lip that required stiches. She told deputies her boyfriend, Shaheed, had punched her, threatened her with a knife, bit her finger, and strangled her until she lost consciousness. Four days later, sheriff’s deputies arrested Shaheed for domestic violence against I.T. She told them she did not want to prosecute. Shaheed telephoned I.T. from jail. She said she told police they were “taking away . . . the bread winner of our household.” She told Shaheed, “I don’t know but if I have to come to court and say I don’t want them to press charges.” He responded, “[Y]ou don’t need to go to court at all” and “just stay away from that shit.” He said, “I guess they gonna be looking for you again to try to find you and get you in to be the witness.” When I.T. asked if she had to be a witness if she did not want to, Shaheed replied, “I mean they gonna try to,” and, “you gotta stop trying to explain, don’t try to explain nothing just stay out the way don’t talk to ‘em, don’t talk to ‘em at all ‘cause that’s what they gonna try to have you do.” He continued, “That’s what I’m saying, like, period just don’t try to say nothing just stay out the way because [the police are] gonna come try to look for you to try to build a case.” Shaheed told I.T. that “they” were trying to lock him up and “you just gotta steer clear of ‘em.” I.T. said, “I’ve already explained to them I need you and I’m not pressing charges.” Shaheed responded, “Yeah but no there ain’t no more explaining just don’t say nothing else to ‘em they come looking for you just stay clear, don’t let ‘em see you whatever okay?” She said that when they call, she would say she did not have time. Shaheed interrupted her and said, “No just stop answering their shit.”