P.

Filed 4/29/13 P. v. Cobb CA4/

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D061412

Plaintiff and Respondent,

v. (Super. Ct. No. SCD229108)

EUGENE COBB,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Kerry

Wells, Judge. Affirmed.

A jury found Eugene Cobb guilty of five counts of grand theft and found true an

allegation that the aggregate losses to the victims exceeded $200,000. He appeals,

contending (1) the trial court failed to sua sponte instruct the jury that evidence of his

intent to restore the property and subsequent return of the property was relevant to negate

larcenous intent, (2) the trial court erred by excluding evidence…