People v. Lee CA4/1

Filed 4/19/21 P. v. Lee CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D077960

Plaintiff and Respondent,

v. (Super. Ct. No. SCD150605)

TOMMY LEE,

Defendant and Appellant.

APPEAL from an order of the Superior Court of San Diego County, Joan P. Weber, Judge. Affirmed.

Russell S. Babcock, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. In 2007, defendant Tommy Lee was convicted of second degree murder. On July 2, 2019, defendant filed a petition for resentencing under Penal

Code1 section 1170.95. On July 13, 2020, the court summarily denied the petition and defendant appealed. Unable to identify any arguable issues,

1 All further statutory references are to the Penal Code.

appellate counsel has sought independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende) and Anders v. California (1967) 386 U.S. 738 (Anders). Affirmed.

FACTUAL AND PROCEDURAL BACKGROUND2 On January 30, 2000, defendant was driving a stolen vehicle when San Diego County Sheriff’s deputies began a pursuit at speeds of 70 to 90 miles per hour. About seven miles from the point where the chase began, defendant crashed into another car. A passenger in that other car was ejected and later died. Defendant admitted he was fleeing from the deputies and indicated he had ingested methamphetamine before driving. He also told arresting officers he had intentionally run through red lights during the pursuit. On May 3, 2000, defendant was charged inter alia with murder in violation of section 187, subdivision (a). The information also alleged one strike prior (robbery) pursuant to sections 667, subdivisions (b)–(i), 1170.12, and 668. Defendant was convicted of second degree murder and other related charges. He was sentenced to 30-years-to-life imprisonment plus an additional determinant term of six years four months. On December 1, 2005, defendant’s murder conviction was reversed on the ground that fleeing from an officer with reckless disregard for others cannot form a basis for second degree felony murder. On January 22, 2007, he was reconvicted of second degree murder. On resentencing, the trial court struck the strike prior and reduced his indeterminant term to 15-years-to- life. The court also found sufficient evidence to sustain the jury finding of attempted murder. Defendant’s convictions were affirmed on appeal.