The People v. Guevara CA5

INTRODUCTION

Appellant/defendant Bonnie Elizabeth Guevara (defendant) was arrested after she entered a department store, placed merchandise in bags, handed the bags to two companions, and they returned the merchandise for store credit. Defendant was charged and convicted of count I, conspiracy to commit commercial burglary (Pen. Code,1 §§ 182, subd. (a)(1), 459); count II, second degree commercial burglary (§ 459); and count III, petty theft with 10 prior theft-related offenses (§§ 484, 666). She was sentenced to three years in prison. On appeal, defendant argues the court did not properly instruct the jury on the elements of conspiracy to commit commercial burglary; the court failed to properly respond to the jury’s questions about conspiracy; and her attorney was prejudicially ineffective for failing to object to the court’s alleged errors and request supplemental instructions on that count. Her arguments are based on the assertion that the jury was never instructed that defendant could only be convicted of conspiracy if defendant and her confederates agreed to commit commercial burglary before they entered the department store. As we will explain, the entirety of the…