P.

P. v. Cervantes CA2/6

Good Law
Court of Appeal of CaliforniaMarch 21, 2013B242685California892 words

Opinion

Opinion

Yegan, J.

Facts On March 28, 2012 at about 1:00 a.m., Joana Chihuahua reported that her Honda Civic was stolen. It was last seen in Chihuahua's driveway sometime between 9:00 p.m. and 12:30 a.m. Los Angeles County Sheriff Deputies Mariano Pacheco and Scott Rodriguez saw the Honda stop at 1:37 a.m. in front of a driveway with the engine running. Ricardo Espinoza jumped out of the driver's side and walked away from the Honda. Appellant exited the passenger door and walked away from Espinoza in the opposite direction. Appellant was holding the car stereo and put it on the sidewalk. Deputy Pacheco detained Espinoza and appellant and saw a screwdriver jammed in the car ignition. Cables were hanging out the dashboard where the car stereo was removed. Substantial Evidence Appellant asserts that the evidence is insufficient to support the finding that he aided and abetted the vehicle theft. Vehicle Code section 10851, subdivision (a) applies to the driver of the stolen vehicle as well as " '. . . an accessory to or an accomplice in the driving or unauthorized taking . . . .' " (People v. Garza (2005) 35 Cal.4th 866, 875.) Appellant argues that he was an innocent passenger and…

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