People v. Perez CA5

Filed 2/20/14 P. v. Perez 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F065918 Plaintiff and Respondent, (Super. Ct. No. DF010787B) v.

JAIME GUERRA PEREZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Robert S. Tafoya, Judge. David McNeil Morse, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Carlos A. Martinez and Kari Ricci Mueller, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Cornell, Acting P.J., Gomes, J. and Poochigian, J.

Defendant Jaime Guerra Perez was convicted by jury of first degree burglary and receiving stolen property. On appeal, he contends the trial court violated his constitutional rights and abused its discretion by excluding evidence of the testifying victim’s alleged drug dealing activities. We will affirm. PROCEDURAL SUMMARY On May 15, 2012, the Kern County District Attorney charged defendant with first degree burglary (Pen. Code, § 460, subd. (a);1 count 1) and receiving stolen property (§ 496, subd. (a); count 2). As to both counts, the information alleged defendant had a prior strike conviction (§§ 667, subd. (c)-(j), 1170.12, subds. (a)-(e)), and had served three prior prison terms (§ 667.5, subd. (b)). As to count 1, the information alleged defendant had suffered a prior serious felony conviction (§ 667, subd. (a)). A jury found defendant guilty on both counts. The trial court found the prior conviction allegations true and granted the prosecution’s motion to strike the prior prison term allegations. The court sentenced defendant to a total of 17 years in prison on count 1 and stayed sentence on count 2 pursuant to section 654. FACTS The victim, an agricultural worker, lived in a rental house on Browning Road. On April 30, 2012, he left for work at 5:30 a.m. His nephew, who lived in the house with him, had already left for work. The victim locked his doors when he left. After work, he got a ride home with a coworker. As they pulled up to the house around 3:00 p.m., the victim saw three males exiting the front door of his house with two televisions. The televisions belonged to him and his nephew. The victim had not given the males permission to enter his house or take the televisions. He estimated the males were about 13 years old, 25 years old, and over 30 years old. The two adults were codefendant