The People v. Spears CA5

Filed 10/7/13 P. v. Spears CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE,

Plaintiff and Respondent, F065474

v. (Super. Ct. No. 1419186)

LEROY WILLIAM SPEARS, OPINION

Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Scott T. Steffen, Judge. Eleanor M. Kraft, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent.

-ooOoo-

* Before Wiseman, Acting P.J., Detjen, J., and Peña, J.

A jury convicted appellant, Leroy William Spears, of petty theft with a prior (Pen. Code, § 666).1 In a separate proceeding Spears admitted four prior prison term enhancements (§ 667.5, subd. (b)) and allegations that he had a prior conviction within the meaning of the three strikes law (§ 667, subds. (b)-(i)). On May 29, 2012, the court sentenced Spears to a term of six years eight months. Following the independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY On May 21, 2010, Modesto police officers arrested Spears as he rode a bicycle with a stolen generator loaded on the trailer he was towing. On May 23, 2011, the district attorney filed an information charging Spears with grand theft (§ 487, subd. (a)), receiving stolen property (§ 496, subd. (a)), and petty theft with a prior. The information also charged Spears with four prior prison term enhancements and having a prior conviction within the meaning of the three strikes law. On April 25, 2012, prior to the start of a jury trial in this matter, the district attorney filed a first amended information that eliminated the grand theft count. The prosecution then presented evidence that as a result of several burglaries in downtown Modesto, the Modesto Police Department conducted a sting operation. As part of the operation on May 18, 2010, a trailer with a GPS device was placed in a fenced, vacant lot in downtown Modesto. The trailer contained a large generator with a GPS device, a cement saw, and an air compressor. On Friday May 21, 2010, at approximately 9:45 p.m. Modesto Police Officer Michael Locke received an alert which indicated that the generator had been moved. Officer Locke then notified two other officers that the “bait” was being moved and he