P.

P. v. Joachim CA1/5

Good Law
Court of Appeal of CaliforniaApril 12, 2013A135323California5,686 words

Opinion

Opinion

Needham, J.

I. FACTS AND PROCEDURAL HISTORY

An information filed in July 2011 in superior court case number CR157106 charged Joachim with first degree residential burglary (§ 459) and receiving stolen property (§ 496, subd. (a)). The information further alleged that he served a prior prison term. (§ 667.5, subd. (b).) The burglary count was dismissed in October 2011.

1 Unless otherwise indicated, all statutory references are to the Penal Code.

1 An information filed in December 2011 in superior court case number CR159624 charged Joachim with receiving stolen property (§ 496, subd. (a)). It also alleged that he served a prior prison term (§ 667.5, subd. (b)). The two cases were consolidated for trial. A. Trial The prosecution produced evidence regarding the 2010 and 2011 charged offenses of receiving stolen property, as well as evidence – over Joachim‟s objection – of his 2006 offense of receiving stolen property. 1. 2010 Offense: Stolen Items in a Truck On July 16, 2010, at approximately 2:30 p.m., Napa County Sheriff‟s Deputy Aaron Mosley responded to a call of a “suspicious subject” on Highway 121 at Cuttings Wharf Road in Napa County. Upon arrival, Deputy Mosley observed a 1997 Dodge…

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