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People v. Vijay12/19/2003
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
After a jury trial, Jeff Vijay (hereinafter defendant) was found guilty of one count of making criminal threats. (Pen. Code, ยง 422.)
On November 30, 2001, the trial court denied defendant probation and sentenced him to state prison for the aggravated term of three years. He received 885 days credit for time served.
Defendant filed a timely notice of appeal on January 23, 2002. Facts
In 1990, after finishing her schooling at an Indian convent and one year of college, Monica Tolani immigrated to the United States. She moved with her family to Fremont, California. In late 1990, Monica met defendant at a wedding reception. Shortly thereafter, they began a dating relationship. Monica was very young and defendant was the first person she had ever dated. During the relationship, Monica and the defendant "broke up" and reconciled several times.
In early November 1992, Monica attended a friend's wedding in India . While there, Monica's parents arranged her introduction to Sumito Mulchandani, an Indian born man who, at the time, was residing in Michigan. Monica and Sumito married in India on January 2, 1993. On the 13th or 14th of January, the couple returned to the United States and settled in Sumito's apartment in Southfield, Michigan.
On their return to Sumito's apartment , the telephone answering machine had several messages containing "songs and things of that nature." A couple of days later, defendant appeared at the apartment while Monica was alone. Defendant somehow got past a locked gate and knocked on the apartment door. Monica told him that she was happily married and asked him to leave. Defendant continued knocking on the door. Monica told defendant that she was going to call 911. Defendant persisted. As Monica started dialing, she heard footsteps leaving.
On February 10, 1993, the Mulchandanis found a letter nailed to their door. The letter was addressed to "Bewaffa," a Hindi word meaning "unfaithful." The letter stated in part: "I stayed there till 10 p.m. and before I left I knocked on your door. I can't believe you married a chicken. Even after his police threat, I had guts to come to his door and knock, he had no balls to open the door or just ask who was it without even opening the door. What a wimp. You must be real proud to marry a real man. I told you two balls and a penis does not make a man a man. How does it feels to own a dick? That is all you wanted. Isn't it." The letter continued: "More so, after I was done talking to Sumito on 1-19-93 on the phone, I was done with you too. I was calling you from the Denny's in Southfield, so I decided to just swing by your apartment to prove to your wimp husband that his going to the cops hadn't scared me a bit. Call it my luck that the main door to your apartment was open, so I walked right up to your apartment door. It was around 8:30 p.m. and Sumito and you were having dinner. You guys were talking about me. I heard you tell him that you didn't love him when you agreed to marry him. When I heard that I felt sorry that you gave away what we had to marry a guy you didn't even love. I realized that how right I was to believe all along that you were not in love with the guy you were marrying."
Throughout 1993, defendant engaged in a pattern of appearing at the Mulchandanis' apartment without notice in order to spy or e
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