People v. Lavallee CA3

Filed 3/22/16 P. v. Lavallee CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Nevada) ----

THE PEOPLE, C077212

Plaintiff and Respondent, (Super. Ct. No. F13073)

v.

RICHARD BRUCE LAVALLEE,

Defendant and Appellant.

A jury found defendant Richard Bruce Lavallee guilty of one count of making criminal threats. In a bifurcated proceeding, the trial court found true the special allegations that defendant had a prior strike, a prior serious felony conviction, and had served multiple prior prison terms. The trial court sentenced defendant to seven years eight months in prison. On appeal, defendant contends reversal is warranted because the prosecutor committed misconduct by misrepresenting facts during her closing argument. Defendant further contends reversal is warranted for ineffective assistance of counsel

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because trial counsel failed to request a limiting instruction regarding his criminal history. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND In February 2013, Sue Seidle and defendant lived with defendant’s mother, Cheryl Davenport, in Grass Valley. Around 6:00 p.m. on February 13, 2013, defendant approached Seidle and told her she owed him money for his missing vehicle. In response, Seidle told defendant she did not know what he was talking about. Defendant then accused Seidle of lying, and said he “held [her] life in his hands.” In an attempt to get her attention, defendant repeatedly struck the couch near Seidle in an increasingly aggressive manner while glaring at her. Eventually, Seidle said, “Yes, Richard.” In response, defendant asked Seidle if she “knew who some people were.” When Seidle said she did not, defendant replied, “Well they and I hold your life in my hands.” Defendant also told Seidle that he could slit her and Davenport’s throats at any time. During their conversation, defendant asked Seidle several times to call the police. Seidle practically begged defendant to leave but he insisted he would only leave with the police. The conversation ended when defendant told Seidle that he was either going to strangle or execute her if she did not “do something.” Seidle ran from the house as fast as she could and drove to her cousin’s house. The police were called and Clint Lovelady of the Grass Valley Police Department responded to the cousin’s house. After talking with Seidle, Officer Lovelady contacted defendant. Defendant admitted to Officer Lovelady that he made statements to Seidle about slitting her throat and executing her. Defendant explained he made these statements because Seidle and Davenport had drugged and raped him. Defendant also explained that he asked Seidle to call the police because he was going to harm her. Based on defendant’s statements, Officer Lovelady arrested him.