People v. Lee CA3

Filed 3/13/15 P. v. Lee 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NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Yolo) ----

THE PEOPLE,

Plaintiff and Respondent, C075392

v. (Super. Ct. No. CRF132253)

QUENTIN MICHAEL RAY LEE,

Defendant and Appellant.

On the last day before trial, defendant Quentin Michael Ray Lee moved for a continuance to obtain witnesses and to retain new counsel. The trial court denied the motion. Defendant thereafter pled no contest to the charges against him and was sentenced to serve 11 years in state prison. Having obtained a certificate of probable cause, defendant appeals, contending the court’s refusal of a continuance denied him his constitutional rights to due process and counsel of his choice. We affirm. FACTUAL AND PROCEDURAL BACKGROUND A complaint filed on June 6, 2013, accused defendant of evading a peace officer with reckless driving (count 1; Veh. Code, § 2800.2, subd. (a)), theft or unauthorized use

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of a vehicle (count 2; Veh. Code, § 10851, subd. (a)), and resisting or obstructing a peace officer (count 3; Pen. Code, § 148, subd. (a)(1)).1 As to count 2, the complaint alleged a prior felony conviction for violating Vehicle Code section 10851, subdivision (a). As to all counts, the complaint alleged a prior strike conviction (§ 667, subds. (c), (e)(1)) and five prior prison terms (§ 667.5, subd. (b)). On July 18, 2013, the trial court held a preliminary hearing, at which Deputy Public Defender David Muller represented defendant.2 Woodland Police Officer Tamara Pelle testified that while on patrol in uniform, driving a marked police car, around 11:00 a.m. on June 4, 2013, she saw defendant, whom she knew to have a current probation warrant, driving a silver Lexus that had been reported stolen. After a backup officer arrived, Officer Pelle attempted a traffic stop of defendant, activating her overhead lights and sirens; her backup officer also activated his lights and sirens. Instead of stopping, defendant sped up, reaching speeds as high as 90 miles per hour. After they reached the town of Knights Landing, at least a dozen more officers showed up. Defendant continued to drive at 80 miles per hour in a school zone posted 25 miles per hour. Defendant had to drive into oncoming traffic to avoid a disabled person with a walker in an intersection. The pursuit continued onto a drawbridge, with all the vehicles driving around 75 miles per hour. Heading into oncoming traffic, defendant abruptly stopped on the bridge with a large semi-truck blocking him and the officers’ vehicles right behind him. Defendant opened the driver’s door and got out, then jumped over a barricade and into the water. Officer Pelle and her partner followed him down onto the levee and took him into custody. Defendant claimed he had just gotten the Lexus a few