People v. Simmons CA1/1

Filed 6/9/16 P. v. Simmons CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION ONE

THE PEOPLE, Plaintiff and Respondent, A143166 v. LEYLANI SIMMONS, (San Mateo County Super. Ct. No. SC075384) Defendant and Appellant.

Defendant Leylani Simmons drove drunk, sped, ignored traffic signs, and attempted to evade police. Finally, her car overturned and her passenger was killed. Because defendant had previously been convicted of reckless driving and driving under the influence, the San Mateo County District Attorney alleged she was keenly aware of the risks of reckless and drunken driving and so charged her with implied malice second degree murder. Defendant sought to exclude evidence of her prior crimes. The trial court allowed it, and a jury found her guilty of murder. On appeal, she challenges only some of the prior crimes evidence, specifically that pertaining to her reckless driving conviction. We affirm, concluding the trial court did not abuse its discretion in allowing the prior crimes evidence. BACKGROUND The Charged Crimes In June 2011, Officer Serbin observed a jeep approach a stop sign at a high rate of speed. The jeep did not stop, but moved into the opposing lane of traffic, passed a car

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stopped at the sign, and continued on. The officer engaged his lights and sirens and pursued. The jeep sped up and went through another six stop signs without slowing. It occasionally veered into oncoming traffic, requiring other motorists to take evasive action. The pursuing officer had to accelerate to 80 miles per hour to keep pace. The chase ended when the jeep turned and, traveling at about 42 miles per hour, flipped over, killing the passenger. Defendant, whose blood-alcohol level was later estimated to be between 0.23 percent and 0.24 percent, identified herself as the driver. The San Mateo District Attorney charged defendant, in an information filed March 23, 2012, with murder (Pen. Code, § 187, subd. (a)), gross vehicular manslaughter while intoxicated (Pen. Code, § 191.5, subd. (a)), causing bodily injury while driving intoxicated, and engaging in further unlawful conduct (Veh. Code, § 23153, subd. (b)), causing bodily injury while driving with a blood-alcohol level at or above 0.08 percent and engaging in further unlawful conduct (Veh. Code, § 23153, subd. (a)), driving with a license suspended because of driving under the influence (Veh. Code, § 14601.2, subd. (a)), and causing serious bodily injury and death while driving and evading a peace officer (Veh. Code, § 2800.3). Defendant pled nolo contendere to, and was found guilty of, driving with a suspended license. The two Vehicle Code section 23153 charges were dismissed. The other charges were tried to a jury. Evidence of Prior Driving Incidents Part of the prosecution’s murder case involved showing defendant uniquely appreciated the severe risks of drunk and reckless driving. The prosecution sought to introduce, and defendant sought to exclude, evidence of three prior driving incidents: (1) a sustained juvenile petition alleging defendant, in 2003 (when 17 years old), drove recklessly under Vehicle Code 23103 on a high school campus; (2) an April 2011 conviction for reckless driving after defendant drove her car at a restaurant manager who