People v. Weeks CA3

Filed 5/8/14 P. v. Weeks CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo)

THE PEOPLE, C073234

Plaintiff and Respondent, (Super. Ct. No. CRF100000140) v.

RANDALL LAWRENCE WEEKS,

Defendant and Appellant.

A jury found defendant Randall Lawrence Weeks guilty of vandalism (Pen. Code, § 594, subd. (a))1 and found that the vandalism caused damage less than $400 (§ 594, subd. (b)(2)(A); count 1). The jury also found defendant guilty of six counts of possession of a blank or unfinished document with intent to defraud. (§ 475, subd. (b); counts 2 through 7.) The trial court set aside the verdicts on counts 3 through 7 on the ground that simultaneous possession of the six documents was a single act. (§ 7; People v. Morelos

1 Undesignated statutory references are to the Penal Code.

1

(2008) 168 Cal.App.4th 758, 765.) Defendant was sentenced to jail for 180 days and ordered to make restitution in an amount to be determined. Appealing in propria persona, defendant contends (1) his vandalism conviction is not supported by sufficient evidence of the repair cost or reduction in value of the vandalized property, and (2) his document possession conviction is not supported by sufficient evidence of specific intent to complete, or facilitate the completion of, any of the unfinished money orders. We affirm. FACTS Prosecution Case-in-Chief A. Vandalism at Cache Creek Casino On December 15, 2009, the bill validators on NRT Technology Corporation (NRT) machine No. 19 at Cache Creek Casino were vandalized. An NRT machine functions as an automated teller machine, ticket redemption center, and bill and coin change machine. When a ticket (credit voucher) is inserted in to the machine’s bill validators, the machine validates the ticket and dispenses cash based on the value of the ticket. Several days after the vandalism, Cache Creek Casino Surveillance Supervisor Terry Ryan viewed surveillance video to determine how the NRT machine may have been damaged. Ryan followed defendant’s movements after the damage was done in order to determine defendant’s identity. He was tracked from the NRT machine to a podium where he presented his players’ club card and obtained an adjustment of the points on his account. The patron management activity on defendant’s account corresponded to the adjustment depicted in the surveillance video. Cache Creek Casino Slot Technical Manager Eugene Whitman repairs bill validators. For the last couple of years at the casino, various bill validators have been damaged by liquid a few times each month. Liquid damage requires that the machine be shut down. Only a technician, supervisor, or manager would be qualified to decide either