Moreno

People v. Moreno

Good Law
74 Cal. App. 4th 618·88 Cal. Rptr. 2d 228·99 Cal. Daily Op. Serv. 6943
Court of Appeal of CaliforniaAugust 25, 1999F029755, F029901California1,209 words

Opinion

Opinion

Thaxter, J.

After a bench trial, the court convicted appellants, Jose Manuel Moreno and Jose Luis Cuevas, of one count of burglary (count 3, Pen. Code, § 459) and three counts of receiving stolen property (counts 2, 4, & 6, Pen. Code, § 496). On appeal, Moreno contends the evidence is insufficient to sustain his receiving stolen property conviction in count 2. Cuevas contends that the court improperly convicted him in count 4 of receiving stolen property. In the unpublished portion of this opinion, we reject Moreno’s sufficiency of the evidence claim. In the published portion, we reject Cuevas’s claim.

Facts

The evidence at trial established that on July 8, 1997, someone burglarized Rocio Rojas’s home in Arvin.

On July 22, 1997, someone burglarized Nancy Garcia’s house and Steve Rodriguez’s house in Arvin. Later that day Arvin Police Officer Daniel Andre went to the trailer where Cuevas lived. After obtaining Cuevas’s consent to search the trailer, Officer Andre entered and found Moreno, Eduardo P. and Cuevas’s wife, Natividad, inside. On a couch, he found several items that had been stolen during the Garcia and Rodriguez burglaries, including two televisions and a VCR.

In a…

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