Galan

People v. Galan

Good Law
1989 Cal. App. LEXIS 912·213 Cal. App. 3d 864·261 Cal. Rptr. 834
Court of Appeal of CaliforniaAugust 30, 1989No. H004151California1,928 words

Opinion

Lead Opinion

Brauer, J.

*866 Opinion

A jury convicted defendant Mario Raymond Galan of four counts of attempting to receive stolen property. On appeal he contends that the prosecutor committed misconduct and that his defense counsel acted incompetently. We affirm. 1

Facts

Galan’s contentions do not require us to set out the facts in detail. In summary Ralph Torres, an undercover police officer, sold Galan jewelry on four occasions. Each time Torres specifically told Galan that the property had been stolen. On the last two occasions Galan gave Torres advice on burglary. Galan told Torres what sort of property to steal, recommended that he try to do three burglaries a night, and suggested a technique for stealing diamonds from jewelry stores.

The People proved their case through the testimony of Officer Torres and through tape recordings of the last two transactions. Galan did not testify on his own behalf. Defense counsel argued that Galan knew Torres was an undercover officer and assumed for that reason that the property had not actually been stolen. To borrow from Galan’s brief on appeal, he “sought to convince the jury that he was a law abiding citizen who was merely putting one over on the…

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