Hinks
People v. Hinks
Opinion
Opinion
Spencer, J.
Introduction
The People appeal from an order granting the motion of defendants Lennox Lincoln Hinks and Carlton Michael Villanueva for a new trial on the ground the verdict was contrary to law or evidence. (Pen. Code, §§1181, subd. 6, 1238, subd. (a)(3).) Defendants had been convicted, following a jury trial, of receiving stolen property. (Id., § 496, subd. (a).) We reverse the order.
Statement of Facts
About 4 a.m. on June 30, 1996, Los Angeles Police Officer Dana Binion was working an undercover surveillance assignment designed to combat automobile theft in West Los Angeles. He observed defendant Hinks sitting on a bus bench at the comer of Barrington Avenue and Pico Boulevard. Century Motors, an automobile repair shop specializing in Mercedes Benz automobiles, was located on the same comer; Century Motors previously had been the victim of early morning thefts. Officer Binion also observed defendant Villanueva driving an El Camino around the neighborhood.
Defendant Villanueva stopped the El Camino about half a block from Century Motors, got out and looked up and down Pico Boulevard. He then got back into the vehicle, drove to Century Motors and parked by the gate…