People v. Lena
Annotate this CasePolice responded to a home burglary alarm in Corte Madera at the Ryborg/Fellows home and encountered Lena in the neighborhood, with fresh mud on his trousers. The Ryborg/Fellows home was near a hillside thick with mud. Officers followed Lena’s car and tried to make a traffic stop. Lena, attempting to escape, cornered himself on a dead-end street, jumped out of his car, pointed a gun at the officers, then fled on foot. Unable to catch him, the officers searched Lena’s vehicle and discovered firearms that had been stolen in four different burglaries and several stolen passports, one of which had been taken from a house in the Ryborg/Fellows neighborhood, that same day. Lena was apprehended after a high-speed chase into Canada that ended with a shootout. Lena was imprisoned in Canada for discharging a firearm at a person and attempted murder. After serving his sentence, Lena was returned to California, convicted of two counts of assault with a semiautomatic firearm upon a peace officer, residential burglary, and possession of a firearm by a felon, for which, with enhancements and prior convictions, he received a sentence of 51 years. The court of appeals affirmed, rejecting an argument that it was error to sanction Lena for refusing to answer questions on cross-examination by striking his entire testimony, and to admit evidence of uncharged burglaries to show intent, motive, and common plan.
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