P. v. Kassem CA3

Filed 5/21/13 P. v. Kassem CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (San Joaquin) ----

THE PEOPLE,

Plaintiff and Respondent, C067909

v. (Super. Ct. No. SF116280A)

HASSON KASSEM,

Defendant and Appellant.

A jury convicted defendant Hasson Kassem of arson of an inhabited structure, but acquitted him of attempted murder. The trial court sentenced him to three years in state prison. Defendant contends the trial court abused its discretion when it denied his request for an Evidence Code section 402 hearing concerning the admissibility of a witness’s statements to a police officer.1 We conclude the trial court correctly determined that

1 Undesignated statutory references are to the Evidence Code.

1

defendant’s concern regarding the witness’s limited ability to speak English goes to the weight to be accorded the evidence, not its admissibility. We will affirm the judgment. BACKGROUND Nageb Ali Abuzaid owned the El Amigo Market in Stockton, and lived in one of the apartments above the store. Defendant had lived in another apartment above the market and worked for Abuzaid from August 2009 until June 2010. Around 2:00 a.m. on November 9, 2010, Stockton Police Officer Walt Vancil observed the market on fire. The flames appeared to be coming from the door and, on closer inspection, Vancil observed a pile of charred or burnt paper material in the lower right portion of the doorway. As Vancil approached the market, defendant and Abuzaid were standing a few feet apart near the front door. Abuzaid seemed “pretty angry” and was yelling at defendant. Vancil instructed the men to go to the park across the street. As Vancil and the men walked away from the building, Abuzaid said that “[defendant] fucking burnt my store down.” Vancil noticed “an ashy particulate matter” that looked like “burnt paper” on defendant’s head, clothing and shoulders, and his hands were black with soot and ash. Abuzaid did not have any “ashy matter” on his body or black soot on his hands. Vancil detained defendant to investigate whether he was involved with the fire. He searched him and found a total of four lighters in three different pockets. Vancil placed defendant in his patrol car. Thereafter, Vancil took Abuzaid’s statement. Abuzaid, who emigrated from Yemen in 1996, spoke in English with an Arabic accent. Vancil had no problem understanding Abuzaid because he was familiar with the accent from his experience in the Persian Gulf. Abuzaid said he had known defendant for a number of years. Defendant had been his employee and used to live in one of the apartments above the market, but Abuzaid kicked him out about six months earlier. Defendant had returned several times since then to argue about being evicted and about a sum of money he