People v. Leae CA3

Filed 3/9/21 P. v. Leae CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C087522

Plaintiff and Respondent, (Super. Ct. No. CRF157042)

v.

THOMAS PHILLIP LEAE,

Defendant and Appellant.

Defendant Thomas Phillip Leae was found guilty of second degree murder, evading a peace officer causing death, and theft or unauthorized use of a car. On appeal, defendant contends: (1) the theft or unauthorized use of a car conviction must be reversed because it is possible the jury found him guilty on a theory of theft of a vehicle valued under $950, a legally invalid theory; and (2) punishment for evasion causing death must be stayed under Penal Code section 654 because it is derived from the same course of conduct as the second degree murder conviction. We shall stay the sentence for evading a peace officer causing death. In all other respects, the judgment is affirmed.

1

FACTS A.K. reported her car stolen when she was living in Auburn, Washington. She testified she had paid a “[c]ouple thousand. Maybe $2,500 at the most” for the car. A.K. also testified she would see defendant around her apartment complex because his family lived there, but she did not see defendant after her car was stolen. The following month, A.K.’s stolen car was used as a getaway car from the scene of a robbery-homicide. A woman walked into a precious metal store in Vancouver, Washington and shot the store’s owner in the face, killing him. She then stole merchandise and cash and fled in the car. Surveillance videos showed the driver of the car as a man matching defendant’s description. Other videos showed defendant had twice visited the precious metal shop earlier that month. Five days later, California Highway Patrol officers began pursuing defendant, who was driving the stolen car, on southbound Interstate 5 near Willows, California after he failed to pull over for speeding. Though it was nighttime defendant had turned off the car’s headlights and exceeded 110 miles-per-hour during the pursuit. About 15 minutes into the chase, defendant left the freeway and went through the freeway undercrossing. The lead police car briefly stopped defendant by hitting the car and spinning it. Defendant was able to escape and continued driving but this time, defendant went southbound in the northbound lane. The car still had its lights off and was going between 60 and 80 miles per hour, almost hitting several cars heading in the opposite direction. Defendant attempted to leave the freeway again but lost control and crashed into a tree. Defendant’s passenger, later identified as the woman who committed the robbery-murder, died in the car from the impact of the crash. Defendant was in the driver’s seat and was held by police until an ambulance arrived. Items from the precious metal store in Vancouver, Washington were found in the vehicle.