People v. Colcleaser CA1/4

Filed 2/28/14 P. v. Colcleaser CA1/4 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, Plaintiff and Respondent, A138716 v. JOHNNY COLCLEASER, (Solano County Super. Ct. No. VCR216683) Defendant and Appellant.

A jury convicted defendant Johnny Colcleaser of a felony count of receiving a stolen vehicle, a misdemeanor count of damaging or tampering with a vehicle, and a misdemeanor count of resisting, obstructing, or delaying a peace officer.1 On appeal, Colcleaser challenges only his conviction for receiving a stolen vehicle. He argues that the conviction must be reversed because there was insufficient evidence to sustain it and the jury was given an improper instruction on the elements of the crime. We disagree and affirm.

1 Colcleaser was convicted under Penal Code sections 496d, subdivision (a) (receiving a stolen vehicle) and 148, subdivision (a)(1) (resisting, obstructing, or delaying a peace officer), and Vehicle Code section 10852 (damaging or tampering with a vehicle). All further statutory references are to the Penal Code.

1

I. FACTUAL AND PROCEDURAL BACKGROUND In late December 2012, the owner of a car, a black Saturn, left it running in front of his home in American Canyon while he briefly went inside. When he returned to the car, it was gone, and he promptly reported it stolen. Four days later, Vallejo police officer Jeff Coburn drove by 1703 Alabama Street in Vallejo. He had “been to that house on numerous occasions for anything [from] squatters, to drug use, to drug sales, to stolen property,” had “made multiple arrests” at the location, and knew that squatters were living there at the time. He noticed a black Saturn with no rear license plate parked in the driveway. The driver’s-side door was open, and Colcleaser was sitting in the driver’s seat using a screwdriver to remove a speaker panel from inside the door. Officer Coburn parked his car and started to walk towards Colcleaser. Colcleaser began walking toward the house when he saw Officer Coburn. Officer Coburn yelled, “Hey,” and Colcleaser fled. Although Officer Coburn did not see where Colcleaser went, a witness in the backyard of the house next door saw “a man c[o]me flying across the fence,” “land[] in a brush pile,” and exit the yard. Within minutes, another Vallejo police officer saw Colcleaser. Colcleaser had “fresh scratches” on his arms and hands and debris on his shoes, characteristics that were consistent with his escape route. Both Officer Coburn and the witness from next door identified Colcleaser as the man they had seen near 1703 Alabama Street, and he was placed under arrest. When he was arrested, Colcleaser had “blue mechanic-style . . . fabric work glove[s]” in his back pocket. Officer Coburn testified that “many people who are involved in theft—whether it be auto theft, residential burglaries, copper theft, everybody is so concerned about leaving prints or DNA and things like that, that many times they’ll wear these mechanic-style gloves that you can buy at an auto part store . . . or Walmart . . . because they’re cheap.”