P. v. Miffin CA2/4

Filed 7/11/13 P. v. Miffin CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B242671

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA390431) v.

ERIC W. MIFFIN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Craig Richman, Judge. Affirmed. Michele A. Douglass, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Connie H. Kan, Deputy Attorneys General, for Plaintiff and Respondent.

Eric W. Miffin appeals from the judgment entered following his conviction by jury on three counts of residential burglary (Pen. Code, § 459) and one count of receiving stolen property (Pen. Code, § 496, subd. (a).)1 On appeal, he challenges the sufficiency of the evidence to support the receiving stolen property count. He also contends the evidence was insufficient to support the finding of his ability to pay attorney fees. We conclude that the evidence is sufficient to support the stolen property count and that appellant forfeited his challenge to the imposition of attorney fees by failing to object in the trial court. We therefore affirm.

FACTUAL AND PROCEDURAL BACKGROUND Prosecution Evidence Burglary Counts Appellant’s fingerprints were found at the scene of the following three residential burglaries. On November 30, 2010, around 8:00 p.m., Lilian Romero returned to her home in Los Angeles after a three-hour absence and found her front door and kitchen window open, broken furniture, and several missing items, including $5,200 cash, a coin collection, and jewelry. On June 2, 2011, Omar Barrios and his father left their home in Los Angeles around 7:00 p.m. When Barrios returned around 11:00 p.m., there was a hole in the front door, and a Sony stereo and money were missing from his father’s bedroom. On July 25, 2010, Isidoro Castelan left his home in Los Angeles around 11:00 a.m. and returned around 9:30 p.m. When he returned, he found that his