People v. Vaughan CA5

INTRODUCTION

On January 27, 2021, a jury convicted defendant Luke Vaughan of attempted first degree burglary (Pen. Code, §§ 460, subd. (a), 664, count 1)1 and found true the allegation a nonparticipant was present during the burglary (§ 667.5, subd. (c)(21)); conspiracy to commit first degree burglary (§§ 182, subd. (a)(1), 460, subd. (a), count 2); receiving stolen property (§ 496, subd. (a), count 5); and petty theft (§ 488, count 6).2 The jury acquitted defendant of first degree burglary (§ 460, subd. (a), count 4). As to count 2, the trial court sentenced defendant to the aggravated term of six years. As to count 1, the trial court sentenced defendant to the aggravated term of three years, but stayed the sentence pursuant to section 654. As to counts 5 and 6, the trial court sentenced defendant to 180 days’ custody to be served concurrent with count 2. On appeal, defendant contends: (1) the trial court erred by admitting his coparticipant’s (Campos) statement as an adoptive admission exception to the hearsay rule; (2) he was improperly convicted of both receiving stolen property (§ 496, subd. (a), count 5) and petty theft (§ 488, count 6); (3) this matter should be remanded…