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People v. Bipialaka

Court of Appeal of California, Second Appellate District, Division Eight

April 17, 2019, Opinion Filed

B285656

Opinion

 [**179]  WILEY, J.—After using methamphetamine, Bomatamunopiri A. Bipialaka led police on a car chase. During the chase, he targeted another car in an intersection. He ran the red light and sped at the car without braking because “I was just going crazy and felt like freaking them out.” Bipialaka swerved in the nick of time and hurtled away.

Bipialaka appeals his convictions for using his car in an assault with a deadly weapon. He also asks us to review proceedings under Pitchess v. Superior Court (1974) 11 Cal.3d 531 [113 Cal. Rptr. 897, 522 P.2d 305] and to correct clerical errors in the abstract of judgment. Bipialaka requests remand so the trial court can exercise discretion about dismissing [***2]  a sentence enhancement, based on Senate Bill No. 1393 (2017–2018 Reg. Sess.). In supplemental briefing, Bipialaka argues fees must be reversed and a restitution fine stayed in light of People v. Dueñas (2019) 30 Cal.App.5th 1157 [242 Cal.Rptr.3d 268].

We remand for resentencing and direct the trial court to prepare a corrected abstract of judgment. We otherwise affirm.

We state the facts in favor of the prevailing trial party.

After a weeklong shoot, cinematographer Bipialaka used drugs at a motel and then drank at a bar. He felt “real jittery,” “very clammy and jittery and I don't know, my—my heart was moving in a different  [**180]  way.” Bipialaka then set off for a hospital because “I've done this drug before in the past and I've had episodes before where, you know, I passed out.” Bipialaka could “just feel my heart beating and I was pretty much panicked at that point in time. I was pretty much in a panic mode, and just making irrational decisions.”

Bipialaka then made a hood-like mask: “After awhile adrenaline took over and I just went crazy. I don't know what's up with the hood. I just felt like *** it. I'm going to go off. So I took a shirt and cut some eye holes in it and made a mask to freak people out.”

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34 Cal. App. 5th 455 *; 246 Cal. Rptr. 3d 177 **; 2019 Cal. App. LEXIS 355 ***; 2019 WL 1648993

THE PEOPLE, Plaintiff and Respondent, v. BOMATAMUNOPIRI A. BIPIALAKA, Defendant and Appellant.

Subsequent History: Review denied by People v. Bomatamunopiri Bipial, 2019 Cal. LEXIS 5398 (Cal., July 24, 2019)

Prior History:  [***1] APPEAL from a judgment of the Superior Court of Los Angeles County, No. GA099730, Jared D. Moses, Judge.

Disposition: Affirmed and remanded with directions.

CORE TERMS

assault, trial court, imminent, deadly weapon, driving, reckless, intersection, target, abstract of judgment, criminal law, restitution fine, red light, convictions, enhancement, ambiguity, battery, chase, speed, fine, mask

Criminal Law & Procedure, Crimes Against Persons, Assault & Battery, Aggravated Offenses, Criminal Offenses, Assault & Battery, Governments, Legislation, Interpretation, Discovery & Inspection, Discovery by Defendant, Tangible Objects