P. v. Bailey

Filed 1/18/07  P. v. Bailey CA1/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b).  This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FIRST APPELLATE DISTRICT

DIVISION THREE

            Following a jury trial, appellant William Bailey was convicted of: (1)  felony hit-and-run driving with the accident causing death or serious permanent injury, and (2)  misdemeanor vehicular manslaughter as a result of the negligent commission of a lawful act which might produce death.  Appellant appeals the judgment on the ground that the trial court erred in declining to find the prosecution violated his constitutional due process rights by failing to preserve material evidence.  We affirm.

BACKGROUND

            The Accident.

            At approximately 4:30 a.m. on April 7, 2002, Palo Alto Police Sergeant Mike Denson was driving to work across the Dumbarton Bridge on Highway 84 at a speed of about 60 to 70 mph.  Suddenly, Sergeant Denson spotted a flash of light in the roadway, and slammed on his brakes as hard as he could.  His vehicle came to a stop about five feet from a wrecked car, a tan Chevrolet sedan, which was blocking the fast lane on the bridge and had no lights on.  As Sergeant Denson drove his vehicle to the shoulder, he noticed a torso with missing legs in the roadway.  He then noticed severed body parts, car wreckage and personal belongings scattered across the roadway, and another damaged car that appeared to be abandoned several hundred feet down the road.  He saw nobody else in the area. 

            Sergeant Denson immediately called 911, and California Highway Patrol (CHP) officers and firefighters shortly appeared at the scene.  Law enforcement officials soon identified the victim and driver of the tan Chevrolet sedan as 46-year old Laverne Thompson, who appeared to have died shortly after the accident.  They also identified appellant as the registered owner of the other damaged car, a blue 1987 Honda Accord, which had sustained extensive front-end damage and had blood and tissue on the front grille and inside.  They immediately began a search for appellant in the surrounding area, and alerted local hospitals to be on the lookout for him. 

            The Arrest.

            At about 9:00 a.m., Kaiser Hospital in Redwood City alerted CHP that appellant had arrived for treatment.  Appellant had a deep laceration on his left cheek, â€