People v. Morell CA1/2

Filed 1/31/24 P. v. Morell CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 TWO

THE PEOPLE, Plaintiff and Respondent, A165502 v. PHILLIP LANCE MORELL, (Contra Costa County Super. Ct. No. 04002018794) Defendant and Appellant.

Defendant Phillip Lance Morell assaulted his girlfriend, Jane Doe, and a jury convicted him of, among other things, injuring a cohabitant or dating partner and false imprisonment by violence. On appeal, Morell argues the trial court’s failure to instruct the jury on defense of property violated his constitutional rights to due process and to present a defense. We disagree and affirm. BACKGROUND I. The Trial The People charged Morell with injuring a cohabitant or dating partner (Pen. Code, § 273.5, subd. (a)1), assault with caustic chemicals (§ 244), and

All further statutory references are to the Penal Code unless 1

otherwise indicated.

false imprisonment by violence (§§ 236, 237). The information further alleged Morell had previously been convicted of assault with a deadly weapon (§ 245, subd. (a)(1)), constituting both a prior serious felony and a prior strike (§§ 667, subds. (a)(1), (d), (e), 1170.12, subd. (b)). A. Prosecution Evidence Doe testified she and Morell dated for three years.2 They lived in a Chevy Suburban sport utility vehicle (Suburban or SUV) which contained all their belongings. On the day of the incident, Morell started an argument with Doe while they were in the parking lot of a strip mall. He got out of the SUV to go to an Autozone store. Doe, who was driving, reversed the vehicle to leave, but Morell returned and asked her to not leave. When he turned back towards the store, however, Doe again tried to leave—she started to back out, but Morell jumped on the window, which caused her to hit a parked car. Morell pulled her out of the SUV by her hair and she fell to the ground. He also hit her in the face. Morell had two backpacks in the SUV. After the altercation ended, he grabbed his things. On cross-examination, Doe testified Morell did not take his belongings when he walked away after the fight. He told her “to hold on to [his backpacks] until he got out.” She then testified he took one backpack with him. A manager for the Wells Fargo Bank next to the Autozone store had just arrived for a branch visit. He “heard a lady screaming inside a car.” A man in the vehicle was “beating her up” and “she was yelling, ‘Stop.’ ” He