Narvaez

People v. Narvaez

Good Law
104 Cal. App. 4th 1295·128 Cal. Rptr. 2d 899·2002 Cal. App. LEXIS 5264·2003 Daily Journal DAR 73·2003 Cal. Daily Op. Serv. 29
Court of Appeal of CaliforniaDecember 31, 2002D037469California3,488 words

Opinion

Opinion

McCONNELL, J.

This is a robbery case in which the court allowed the testimony of an accomplice of the defendants, the driver of the getaway car. In the published part of this opinion, we hold that independent evidence the defendants were in possession of jewelry stolen during the crime is sufficient to corroborate the accomplice’s testimony. (Pen. Code, § 1111.) We reverse the convictions for receiving stolen property, but in all other respects we affirm the judgments.

Facts

Defendants Douglas Daniel Narvaez, Jose Manuel Narvaez and Adrian Albert Flores were each convicted of four counts of robbery (Pen. Code, § 211) and receiving stolen property (§ 496, subd. (a)). In addition, the jury found Douglas Narvaez and Flores guilty of unlawful possession of a firearm by a felon (§ 12021.1, subd. (a)); Douglas Narvaez and Flores personally used a firearm in the commission of the robberies within the meaning of sections 12022.53, subdivision (b), and 12022.5, subdivision (a)(1), and Jose Narvaez was armed in the commission of the robbery within the meaning of section 12022, subdivision (a)(1). In a separate proceeding, the trial court found Douglas Narvaez and Flores each suffered two prior…

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