Isom
People v. Isom
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.