Lizarraga
People v. Lizarraga
Opinion
Opinion
Sims, J.
A jury convicted defendant Robert Wayne Lizarraga of receiving stolen property. (Pen. Code, § 496, subd. (a).) The trial court sentenced him to state prison for the midterm of two years.
On appeal, defendant claims the trial court erred by failing to make a determination as to whether he should be committed to the California Rehabilitation Center (CRC). (Welf. & Inst. Code, § 3051.) We find defendant waived the issue by not raising it in the trial court, and we reject his fallback argument that his trial counsel was ineffective for not raising the issue. Consequently, we shall affirm the judgment.
FACTUAL BACKGROUND
On September 29, 1999, defendant was at the scene of a brush fire. A search of his vehicle revealed property stolen from the Sacramento City Fire Department, including a shirt, badge, and flashlight. Defendant was charged with arson of a structure or forest land (Pen. Code, § 451, subd. (c)), in addition to receiving stolen property. The jury was unable to reach a verdict on the arson charge, and it was dismissed on motion of the prosecutor.
Defendant’s record includes 12 misdemeanor convictions in the period from 1988 to 2000. Many of defendant’s…