People v. Xiao CA3

Filed 8/25/16 P. v. Xiao 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

(Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C077168

v. (Super. Ct. No. 13F07060)

QINGNING XIAO et al.,

Defendants and Appellants.

This case involves a married couple, defendants Qingning Xiao (wife) and Minghai Ye (husband), who stole electricity from the local utility company to engage in commercial marijuana cultivation in a residential neighborhood. A jury convicted defendants of theft of utility services totaling more than $950 (Pen. Code, § 498, subd. (d)) and possession of marijuana for sale (Health and Saf. Code, § 11359). The trial court sentenced Xiao and Ye to serve two years and eight months in prison but suspended…