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People v. Frazier

April 29, 2009

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
KATHY FRAZIER, DEFENDANT AND APPELLANT.



APPEAL from a judgment of the Superior Court of Sacramento County, Jack V. Sapunor, Judge. Affirmed. (Super. Ct. No. 07F00726).

The opinion of the court was delivered by: Sims, Acting P. J.

CERTIFIED FOR PARTIAL PUBLICATION*fn1

Defendant Kathy Frazier appeals following her conviction of assault by means of force likely to produce great bodily injury (Pen. Code, § 245, subd. (a)(1))*fn2 with an enhancement of sentence for personally inflicting great bodily injury on the victim (§ 12022.7, subd. (a)). Defendant urges us to strike her sentence enhancement on the rationale that she did not personally inflict great bodily injury when directing a dog to attack the victim. We reject the contention, and shall affirm.

FACTUAL AND PROCEDURAL BACKGROUND

Prior dog attacks

In early January 2007, defendant was living in a tent next to a house at 5309 Southwest Avenue that belonged to the Cervantes family. Defendant cleaned the family‟s house and yard as well as taking care of their two dogs, Papas and Midnight. The dogs spent considerable time with defendant, and they obeyed her.

The dogs also obeyed their owner, Angelica, who ordered them to attack a man whom she had seen talking with defendant. Defendant was present, but did not direct the attack. The man was badly injured before defendant helped get the dogs off of him. A neighbor testified that this was not the first time that the dogs had attacked people.

The Dog Attack of Denise Doll

On January 19, 2007, defendant watched Denise Doll and her fiancé Shawn Blackmon walk by the front of 5309 Southwest Avenue. Doll and Blackmon planned to stay with Kim, a female friend living nearby. Several minutes after the couple arrived at Kim‟s house, defendant saw Doll leave alone.

When Doll walked by 5309 Southwest Avenue, defendant opened the gate and commanded the dogs to "get her, get her." The dogs attacked Doll, with Papas biting deeply into her leg. Doll fell to the ground screaming, and was unable to get away. Papas‟s bite exposed the leg bone and muscle, causing Doll to bleed profusely.

Oleta Valadez lived next door and witnessed the attack. She told defendant to call the dogs off, but defendant refused. Defendant told Valadez to "stay out of it" because defendant "[had her] reasons."

Blackmon heard Doll‟s screams and ran to the scene. He placed himself between the dogs and Doll. Only then did defendant call the dogs back into the yard and close the gate.

Defendant told Doll that the attack was for Doll leaving Blackmon alone with Kim at Kim‟s house. Doll, however, barely knew defendant. Doll had never threatened defendant, gotten into an argument with her, or antagonized the dogs.

When Sacramento County Sheriff‟s Deputy Kenny Lee arrived at the scene on the day of the attack, he informed defendant that the dogs needed to be quarantined because one had bitten a person. Defendant verbally refused and attempted to block the deputy and an animal control officer from capturing the dogs. Only after handcuffing and placing ...


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