People v. Crespo CA4/1

INTRODUCTION

A jury convicted Juan Pablo Crespo of four counts of burglary (Pen. Code,

§ 459),1 two counts of grand theft (§ 487, subd. (a)), and one count of using multiple

checks knowing he had insufficient funds in the bank for payment of the checks (§ 476a,

subd. (a)). Crespo admitted he committed these crimes while he was out of custody on

bail in another criminal case (§ 12022.1, subd. (b)). The court sentenced Crespo to two

years and eight months in county jail. On appeal, Crespo contends the court committed

prejudicial error by instructing the jury regarding the use of circumstantial evidence with

CALCRIM Nos. 224 and 225. Crespo contends these form instructions are not consistent

with authority stating circumstantial evidence must be inconsistent with any rational

conclusion other than guilt, i.e., irreconcilable with innocence. (See People v. Bender

(1945) 27 Cal.2d 164, 175-176 (Bender), disapproved on other grounds in People v.

Lasko (2000) 23 Cal.4th 101, 110.) We conclude the instructions given correctly state

the law and we affirm the judgment.

FACTUAL AND PROCEDURAL BACKGROUND

A

In August 2011 Crespo opened a savings account and a checking account…