People v. Rubio CA3

Filed 10/24/14 P. v. Rubio CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Glenn) ----

THE PEOPLE, C074476

Plaintiff and Respondent, (Super. Ct. No. 13NCR09625)

v.

MARCELO RUBIO, JR.,

Defendant and Appellant.

A jury found defendant Marcelo Rubio, Jr., guilty of first degree burglary (Pen. Code, § 459)1 and misdemeanor possession of burglary tools (§ 466). Defendant admitted serving four prior terms in prison. The trial court subsequently sentenced him to an aggregate term of 10 years in state prison.

Further undesignated statutory references are to the Penal Code.

1 On appeal, defendant contends that there was insufficient evidence to sustain either of his convictions, adding that the trial court erred in…