Govan

People v. Govan

Good Law
150 Cal. App. 4th 1015·58 Cal. Rptr. 3d 829
Court of Appeal of CaliforniaMay 15, 2007D049586California9,327 words

Opinion

Opinion

Aaron, J.

[EDITORS' NOTE: THIS OPINION IS DEPUBLISHED UPON GRANTING OF PETITION FOR REVIEW. THE OPINION APPEARS BELOW WITH A GRAY BACKGROUND.] [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1017 [EDITORS' NOTE: THIS PAGE CONTAINS HEADNOTES. HEADNOTES ARE NOT AN OFFICIAL PRODUCT OF THE COURT, THEREFORE THEY ARE NOT DISPLAYED.] *Page 1018 OPINION I. INTRODUCTION A jury found Karl Anthony Govan guilty of four counts of residential burglary (Pen. Code, § 459 ) 1 (counts 1-4). The trial court sentenced Govan to a total term of six years in prison, including an upper term of six years on count 1. On appeal, Govan claims the People failed to present sufficient evidence to corroborate his accomplice's statement to the police that Govan aided in the commission of the burglaries charged in counts 1 through 3. In addition, Govan claims the trial court erred in refusing to instruct the jury on all counts as to the lesser related offense of receiving stolen property. Finally, Govan claims the trial court violated his federal constitutional rights under Cunningham v. California (2007) 549 U.S. ___ [ 166 L.Ed.2d…

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