Gbadebo-Soda
People v. Gbadebo-Soda
Opinion
Opinion
Thaxter, J.
Adamson Gbadebo-Soda appeals from the judgment entered on a jury verdict finding him guilty of burglary of Bank of America under Penal Code section 459 (count II) and grand theft of Union Bank in violation of section 487 (count V). Appellant does not appeal the jury convictions of receiving stolen property under section 496 (count I), burglary under section 459 (count III) or grand theft under section 487 (count IV). Appellant contends the evidence was insufficient to sustain the burglary conviction in count II because he lacked the intent to commit theft against the Bank of America when he attempted to withdraw $500 from an account in which he had deposited $600 in cash and $600 in stolen money orders. Appellant also contends that venue was improper and that his vicinage right was violated under count V, grand theft of Union Bank, because no deposits, withdrawals, or preparatory acts were conducted in Stanislaus County, the location of the trial. In both the appeal and in a separate writ of habeas corpus, appellant contends his trial attorney’s failure to object to venue and vicinage constitute ineffective assistance of counsel. For efficiency purposes, we have…