P.

Filed 8/1/13 P. v. Aguirre CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIFTH APPELLATE DISTRICT

THE PEOPLE,

F064426

Plaintiff and Respondent, (Super. Ct. No. 11CM7281) v.

EDWARDO PELAYO AGUIRRE, OPINION

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Kings County. James LaPorte, Judge. John L. Staley, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Marcia A. Fay, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo- A jury found appellant Edwardo Pelayo Aguirre guilty of first degree burglary (Pen. Code, § 459);1 assault by means of force likely…