PEOPLE v. HALL — Fear Not Law

html > <head> <title>PEOPLE v</title> </head> <body> <div> PEOPLE v. HALL Filed 8/9/10 <b > <b > <b >CERTIFIED FOR PUBLICATION IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION ONE <table class=MsoNormalTable border=0 cellspacing=0 cellpadding=0 > <tr > <td width=319 valign=top > THE PEOPLE, Plaintiff and Respondent, v. CHRISTOPHER ANTHONY HALL, Defendant and Appellant. </td> <td width=319 valign=top > B215310 (Los Angeles County Super. Ct. No. MA032340) </td> </tr> </table> APPEAL from a judgment of the Superior Court of Los Angeles County. Robert J. Perry, Judge. Affirmed. Victor J. Morse, under appointment by the Court of Appeal, for Defendant and Appellant. Edmund G. Brown, Jr., Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Pamela C. Hamanaka, Senior Assistant Attorney General, Jaime L. Fuster and Rama R. Maline, Deputy Attorneys General, for Plaintiff and Respondent. -------------------- > On June 18, 2005, Christopher Anthony Hall fled police in a vehicle pursuit which resulted in the deaths of Lillian Arrevalo, and 16-year-old Brian McWright. A jury convicted appellant Hall of multiple counts, including second degree murder, assault upon a peace officer, and driving under the influence causing injury. Hall contends the trial court committed reversible error by: (1) admitting testimony regarding the blood-alcohol level of a blood sample over his chain of custody objection, and (2) denying his motion for a new trial based on newly discovered evidence. We affirm. FACTUAL BACKGROUND Prosecution Case <i >1. Incidents Prior to the Pursuit On June 17, 2005 or on June 18, 2005, Hall entered a store, grabbed two cases of beer and a bottle of rum, and left without paying.[1] The storeowner followed him and saw Hall enter a large motor home and drive off. On June 18, 2005 at about 1:00 p.m., California Highway Patrol Officer Jerry Nelson responded to a traffic collision. Officer Nelson arrived at the location and found Hall and his wife, Michelle Hall, standing next to a damaged El Camino. When Officer Nelson asked if anyone was injured, Hall and his wife stated they had no injuries. Hall had a strong odor of alcohol and was unsteady on his feet. With slurred speech, Hall admitted to Officer Nelson that he had been drinking alcohol that day. Hall appeared fully conscious and answered Officer Nelson's questions appropriately. Hall and Michelle told Officer Nelson that Michelle had been driving the El Camino. Since the El Camino could not be driven, Officer Nelson called for a tow truck over Hall's objections. Eventually, the tow truck arrived and took the car along with Hall and his wife. 2. The Police Pursuit That same day, at about 4:00 p.m., Hall was driving a motor home and cut off two cars that were leaving a gas station, forcing the drivers to slam on their brakes in order to avoid colliding with the motor home. Hall continued driving at about 50 miles per hour in the far right lane and suddenly swerved into the left lane, clipping the left bumper of a car driven by Lillian Arrevalo. Arrevalo's car crashed into a light pole; Arrevalo was killed. Shortly after striking Arrevalo's car, Hall pushed a truck out of a left turn lane and struck the rear side of another car. Some time after the collisions, Deputy Sheriff Brian Hickey activated the lights and siren of his marked patrol car and began pursuit of the motor home. Hall did not stop and drove through numerous intersections with stop signs. At one point, Hall pulled over to the shoulder of the road. Deputy Hickey got out of his car, drew his weapon, and ordered Hall to exit the motor home. About thirty seconds later, Hall drove away and Deputy Hickey continued pursuit. A short time later, Hall stopped again and Deputy Hickey observed â€