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People v. Virk4/19/2004
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.
Narinder Kaur Virk appeals a judgment following conviction of two counts of attempted deliberate, premeditated murder with a finding of personal infliction of great bodily injury regarding count 2. (§§ 664, 187, subd. (a), 12022.7, subd. (a).) We affirm.
FACTS
Santokh and Narinder Virk were born in India and married there in an arranged marriage. In 1984, Santokh immigrated to the United States and later brought Narinder to southern California. In 1993, Santokh purchased a liquor store, the "House of Spirits," in Port Hueneme. The couple and their two children, Sukpal ("Sonny") and Harpreet ("Pita"), then lived in Port Hueneme. Narinder cared for the children and did not work outside the family home. She spoke only the Punjabi language and could not read or write.
In 1999, Santokh traveled to India in part because of "problem after problem" in his marriage. He instructed an employee of the liquor store to provide rent and groceries to his family during his absence. While in India, Santokh filed a petition to divorce Narinder. Santokh returned to Port Hueneme approximately six months later. His relationship with Narinder improved briefly, but then deteriorated again.
On January 11, 2000, Santokh telephoned his liquor store employee and stated that he was traveling to India to visit his ill father. Santokh was then at the Los Angeles airport. He instructed his employee to telephone Narinder and inform her of the sojourn. The employee telephoned Narinder late that evening. She became upset when she learned that Santokh had left for India.
Shortly thereafter, Narinder awoke her children and stated that they were "going to the harbor to wash [their] faces." Several days before, Narinder told Sonny that the harbor water caused "the bad things that are happening . . . go away."
Narinder and the children then walked to the home of a friendly neighbor. Narinder removed an audiotape from the top of a birdcage on the neighbor's porch. She also placed $600 beneath a blanket covering the birdcage.
Narinder and the children resumed walking to the harbor. As they passed a storm drain, Narinder threw the audiotape inside the drain. She also dropped her keys inside a street planter.
They walked onto a floating dock at the harbor and sat down. Narinder pushed the children into the very cold (57 degrees) water and jumped in herself. The children could not swim and struggled to stay afloat. Sonny cried for help. Narinder held Pita underwater by her hair.
Brian Wiggins, a nearby resident and former lifeguard, was awakened at 2:00 a.m. by Sonny's cries. He ran to the floating dock and jumped into the water. He rescued Narinder, Pita, and Sonny. The children had drifted approximately 40 to 50 feet from the floating dock. When rescued, Pita was unconscious and appeared lifeless. Wiggins resuscitated her. Mrs. Wiggins summoned paramedics, who then took Narinder and the children to the hospital. Pita was semi-conscious, unresponsive, and "in trouble."
Physicians treated Pita for aspiration pneumonia and pulmonary edema. She also was at risk for fatal respiratory complications resulting from the near-drowning. After treatment with antibiotics and oxygen, however, she recovered. (§ 12022.7, subd. (a).)
At the hospital, paramedic M
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