Castellanos

People v. Castellanos

Good Law
110 Cal. App. 4th 1489·2 Cal. Rptr. 3d 544·2003 Cal. App. LEXIS 1173·2003 Daily Journal DAR 8571·2003 Cal. Daily Op. Serv. 6863
Court of Appeal of CaliforniaJuly 31, 2003No. B159673California1,866 words

Opinion

lead Opinion

Turner, J.

I. INTRODUCTION

Defendant Misael Castellanos, appeals from his conviction for possession of a firearm by a felon (Pen. Code, 1 § 12021, subd. (a)(1)) and of a counterfeit seal. (§ 472.) Defendant argues the prosecutor improperly exercised peremptory challenges during jury selection and there was insufficient evidence to support a conviction for possession of a forged or counterfeit *1491 resident alien card. Defendant also argues he is entitled to four additional days of presentence conduct credit. In the published portion of this opinion, we discuss the sufficiency of the evidence that defendant violated section 472. We modify the judgment to award defendant additional presentence credits.

H. FACTUAL BACKGROUND

We view the evidence in a light most favorable to the judgment. (Jackson v. Virginia (1979) 443 U.S. 307, 318-319 [ 61 L.Ed.2d 560 , 99 S.Ct. 2781 ]; People v. Osband (1996) 13 Cal.4th 622, 690 [ 55 Cal.Rptr.2d 26 , 919 P.2d 640 ]; Taylor v. Stainer (9th Cir. 1994) 31 F.3d 907, 908-909 .) In July 2001, defendant purchased a 1979 Datsun automobile from Jesus Gutierrez, who had just bought it a few weeks earlier at a police auction. Mr. Gutierrez had cleaned the…

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