People v. Hazelwood CA3

Filed 12/26/13 P. v. Hazelwood CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (El Dorado) ----

THE PEOPLE, C074038

Plaintiff and Respondent, (Super. Ct. No. P12CRF0367)

v.

THOMAS LEE HAZELWOOD,

Defendant and Appellant.

Following an incident with his landlord, a jury found defendant Thomas Lee Hazelwood guilty of the unlawful driving or taking of a vehicle (as well as other crimes). On appeal, defendant contends there was insufficient evidence to support the specific intent element of the unlawful driving or taking conviction. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND Relevant to this appeal, the facts are as follows. Defendant and his girlfriend lived in a trailer on the property of Jack Podsedly and his wife, Helen Steenman, in exchange for defendant doing work for the married couple. On a day in early July, Steenman asked

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defendant and his girlfriend to move out because defendant was not completing work as arranged. Defendant said he would not move In mid-July, Steenman and Podsedly were home and heard yelling coming from defendant’s trailer, and the two saw a car stuck by his trailer. Podsedly rode his three- wheel all terrain vehicle (ATV) toward defendant’s trailer to see what was going on. As Podsedly was driving toward defendant’s trailer, defendant rushed at Podsedly, grabbing and shaking the handlebars and screamed at Podsedly. Podsedly reversed his ATV, causing defendant to release his grip on the handlebars, and Podsedly went to park along the side of the driveway. Podsedly next remembers getting up off the ground and seeing defendant sitting on the ATV. Defendant then closely followed Podsedly back down the driveway, hitting him with the front of the ATV and knocking him down. Defendant ran over Podsedly’s left leg with the ATV. Trying to avoid defendant, Podsedly “zigzagged” down the driveway toward his house. Podsedly got to a shed where he knew defendant could not get to him on the ATV. Defendant got off of the ATV and attacked Podsedly. Defendant told Podsedly that he was going to take the ATV. Defendant’s girlfriend showed up and started trying to hit Podsedly as well. Podsedly then fled toward his house. Defendant’s girlfriend followed Podsedly toward his house, continuing to hit him, and then defendant pulled up on the ATV and he and his girlfriend left on the ATV. Later, Podsedly found the ATV near his property. Defendant believed he left the ATV on Podsedly’s property. Defendant said he did not take the ATV back to Podsedly because it had already been used as a weapon against him. Defendant was charged with four crimes, including the unlawful driving or taking of a vehicle. At trial, defendant testified that he and his girlfriend drove off on the ATV and that he wanted her away from the situation so she and Podsedly would not fight