The People v. Vasquez CA2/1

Filed 9/9/13 P. v. Vasquez CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B242986

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA082903) v.

MARLON M. VASQUEZ et al.,

Defendants and Appellants.

APPEAL from judgments of the Superior Court of Los Angeles County. Steven R. Van Sicklen, Judge. Affirmed. Maureen L. Fox, under appointment by the Court of Appeal, for Defendant and Appellant Marlon M. Vasquez. Joy A. Maulitz, under appointment by the Court of Appeal, for Defendant and Appellant Jorge Luis Chavez. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters Senior Assistant Attorney General, Eric E. Reynolds and Esther P. Kim, Deputy Attorneys General, for Plaintiff and Respondent. ___________________________________

Marlon M. Vasquez and Jorge Luis Chavez appeal from judgments entered following a jury trial in which they were convicted of grand theft auto and burglary of a vehicle. Vasquez contends admission of evidence that he was arrested on a prior occasion for an identical offense was unduly prejudicial within the meaning of Evidence Code section 352. Chavez identifies no error but requests that we independently review the record pursuant to People v. Wende (1979) 25 Cal.3d 436. We affirm both convictions. BACKGROUND On October 24, 2011, police observed defendants standing near a minivan parked in front of a stolen Acura Integra. The license plate of the van was obscured by a newspaper that had been folded over it. The emblem on the Integra was missing, as were the stereo and rear seat, and the glove compartment appeared to have been ransacked. Police searched defendants and the minivan and found the missing parts, along with an 1 extra steering wheel, several flashlights, a bag of tools, and a key that had been shaved in such a way as to allow access to the ignition of different vehicles. 2 Defendants were charged with receiving a stolen motor vehicle (Pen. Code, 496d, subd. (a); count one), second degree burglary of a vehicle (§ 459; count two), receiving 3 stolen property (§ 496, subd. (a); count four ), possession of burglar’s tools (§ 466; count five), and grand theft auto (§ 487, subd. (d)(1); count six). Vasquez presented no evidence at trial. Chavez testified he had no fixed address and was planning to sleep in the minivan when he found the Integra’s parts on the sidewalk. He was putting them in the minivan when police arrived.