Isom

People v. Isom

Good Law
193 Cal. Rptr. 3d 58·2015 Cal. App. LEXIS 858·240 Cal. App. 4th 1146
Court of Appeal of CaliforniaSeptember 30, 2015E061024California1,325 words

Opinion

Opinion

Miller, J.

A jury found defendant and appellant Jesse Emerson Isom guilty of (1) two counts of burglary (Pen. Code, § 459) and (2) one count of possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a)). Forgery (§ 470) is the crime underlying the burglary convictions (§ 459); defendant used an altered receipt when returning items for a cash refund at Walmart. Defendant admitted suffering (1) three prior convictions that resulted in prison terms (§ 667.5, subd. (b)) and (2) one prior strike conviction (§§ 667, subds. (c) & (e)(1), 1170.12, subd. (c)(1)). The trial court sentenced defendant to prison for a term of four years.

Defendant raises three issues on appeal. First, defendant contends Walmart’s right to control its receipts is not a legal right protected by the forgery statute (§ 470); and therefore, defendant’s burglary convictions must be reversed because defendant’s actions did not damage any legal right. Second, defendant asserts there is a lack of substantial evidence to support the finding that he intended to defraud Walmart. Third, defendant contends the trial court erred in denying his motion for a new trial. We affirm the judgment.

I.

FACTUAL AND…

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