People v. Paulson CA1/1

Filed 5/25/23 P. v. Paulson CA1/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, A163471 v. LANCE ALLAN PAULSON, (Contra Costa County Super. Ct. No. 05-181374-0) Defendant and Appellant.

Defendant Lance Allan Paulson appeals his conviction for first degree murder, asserting the trial court improperly instructed the jury with a modified flight instruction. We disagree and affirm the judgment. I. BACKGROUND A. Factual Background Defendant and the victim, Steve Gagnon, were longtime friends who saw each other on a regular basis. On April 2, 2017, defendant and Gagnon planned to meet at Gagnon’s house to watch a television show. Gagnon invited defendant to arrive around 6:00 p.m. The following day, Gagnon did not report to work, and his supervisor was unable to reach him. Another supervisor went to Gagnon’s house to check on him. After arriving at Gagnon’s home, the supervisor either knocked on the door or rang the bell. Defendant answered the door. The

1

supervisor observed defendant looked like “someone who had been in a fight or beat up” because his teeth appeared to be knocked out, one eye was bulging and black and blue, there was a cut on his head, and there was “blood splatter” on his shirt. The supervisor asked defendant if he was okay, to which he responded affirmatively. The supervisor then asked if Gagnon was home. Defendant stated Gagnon was sleeping. The supervisor asked if he could come in and wake up Gagnon. Defendant allowed the supervisor to enter and indicated toward the bedroom where Gagnon’s body was located. After observing Gagnon lying on his stomach in blood, the supervisor left the house and called 911. Several officers arrived and one took defendant into custody. Detective Corporal Brian Elder observed defendant’s black eye, an injury under defendant’s chin that appeared consistent with a gunshot, injuries to the top of defendant’s forehead at the hairline, and injuries to his mouth that made speech difficult. Inside the house, blood was present in numerous areas, including the bathroom floor, a Swiffer mop in the closet, the handle of a sliding glass door, bedroom walls, the bed in the master bedroom, and the kitchen sink and floor. Gagnon was observed lying on the floor in a pool of blood. There were no drag marks or other evidence indicating Gagnon had been moved to the location where he was found. The police also located a Colt 1911, .45-caliber, semiautomatic pistol with blood on it and three rounds in the magazine. A shell casing was also stuck in the gun’s chamber, which a firearms expert explained could occur if something prevented the gun from fully cycling and ejecting the cartridge case, such as the user did not hold the gun firmly enough or held it at an awkward angle when firing. Two empty .45-caliber shell casings were located in the hallway and one in the bedroom near Gagnon. Three corresponding