Larkins

*1061 Opinion

A jury convicted defendant, Randy Alan Larkins, of five counts of second degree commercial burglary (Pen. Code, § 459), 1 four counts of receiving stolen property (§ 496, subd. (a)) and one count of identity theft (§ 530.5, subd. (a)). He was sentenced to prison for six years four months and appeals, claiming certain opinion evidence should have been excluded. We reject his contention and affirm.

Facts

An LA Fitness gym member testified that on September 18, 2008, he locked, inter alia, his driver’s license into a locker at the Upland LA Fitness and an hour later, the lock and the license were gone. He denied knowing defendant or giving defendant permission to go into his locker or to possess his driver’s license. On November 3, 2009, a California Highway Patrol officer stopped defendant’s 1993 green Jeep Cherokee for not having a registration since 2005, arrested defendant for not having a valid driver’s license and impounded the vehicle. On November 16, 2009, the secured impounded vehicle was searched and the aforementioned victim’s driver’s license was found inside. Defendant was convicted of the September 18, 2008 commercial burglary of the gym and of…