People v. Farias CA4/3

Filed 12/9/13 P. v. Farias CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G047674

v. (Super. Ct. No. 11CF0716)

EDGAR JESUS FARIAS, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, John Conley, Judge. Affirmed. Denise M. Rudasill, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Barry Carlton and Adrianne S. Denault, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted defendant Edgar Jesus Farias of second degree vehicle burglary (Pen. Code, §§ 459-460, subd. (b), count 1; all further statutory references are to this code unless otherwise indicated) and street terrorism (§ 186.22, subd. (a), count 3.) It further found he committed the burglary to promote, further, or assist criminal street gang activity (§ 186.22, subd. (b)(1)). The court sentenced him to state prison for three years and four months (16 months on for the burglary and two years consecutively for the gang enhancement). Defendant’s appeal raises three issues: (1) the evidence fails to support the vehicle burglary conviction because there was insufficient evidence the vehicle was locked; (2) the court erred in admitting evidence that defendant’s companion in committing the crimes was carrying a gun; and (3) insufficient evidence supports the gang charge or the gang enhancement. We disagree with his contentions and affirm the judgment.