People v. Yu CA2/8

Filed 5/27/21 P. v. Yu CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B303116

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. KA118263) v.

LEI YU,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Bruce F. Marrs, Judge. Affirmed. Richard B. Lennon and Michael L. Tetreault, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Scott A. Taryle, Supervising Deputy Attorney General, and Colleen M. Tiedemann, Deputy Attorney General, for Plaintiff and Respondent.

____________________ A jury convicted Lei Yu of attempted murder, stalking, and two counts of threatening or intimidating a witness. He challenges convictions for witness intimidation, arguing no evidence demonstrated he harbored the requisite intent. We affirm. Statutory references are to the Penal Code. I Yu and Yaju C. married in China in 2016. Domestic violence plagued their marriage; Yu hit Yaju whenever she said something he did not like. In January 2017, Yaju moved to the United States with their child to escape Yu’s abuse. Yu followed her. In October 2017, he forced his way into Yaju’s home in Diamond Bar. Yaju suspected he hired private investigators to find her. Yaju allowed Yu to stay in the house because she feared violence if she resisted. Yu began to follow her wherever she went. Yaju applied for and was granted a restraining order against Yu. She and their daughter left to live in a hotel, then moved to a different home in Diamond Bar in December 2017. Yu appeared at this new home the day after they moved in. Yaju tried to resist Yu moving in, but he threatened to cause problems at her school. Yaju feared this would jeopardize her student visa and relented. Yaju also continued to fear violence: she always kept her car key in her pocket and her car parked on the street in case she needed suddenly to flee. In May 2018, Yaju was working as an intern at a preschool. Yu continued to live with her and their daughter at the Diamond Bar house. A roommate also lived with them. On May 29, 2018, Yaju went to work without Yu following her. On the way home, she stopped at a supermarket and was