People v. Rentfro CA3

Filed 10/30/14 P. v. Rentfro CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Shasta) ----

THE PEOPLE, C075084

Plaintiff and Respondent, (Super. Ct. Nos. 13F131, 11F3366, 11F7983, 13F621) v.

DEVON LEE RENTFRO,

Defendant and Appellant.

Defendant Devon Lee Rentfro was charged in case No. 13F131 with felony receiving stolen property (Pen. Code, § 496, subd. (a)),1 possession of narcotics (Health & Saf. Code, § 11364.1), and resisting an officer (§ 148, subd. (a)(1)). The complaint also alleged defendant had served four prior prison terms. (§ 667.5, subd. (b).) In case No. 13F621, defendant was charged with two counts of failure to appear (§ 1320, subd.

1 Further undesignated statutory references are to the Penal Code.

1

(b)) and the same four prior prison terms (§ 667.5, subd. (b)). The cases were tried separately. A jury found defendant guilty on all counts in both cases; in the receiving stolen property case defendant admitted the prior prison term allegations, and in the failure to appear case the trial court found them true. Defendant also admitted he had violated probation in case Nos. 11F3366 and 11F7983.2 The trial court sentenced him to an aggregate term of 11 years eight months local time. Defendant appeals. He contends: (1) insufficient evidence supports his conviction for willful failure to appear; and (2) the trial court erred when it declined to instruct the jury that it could find defendant guilty of misdemeanor receiving stolen property (RSP) if it found the property received below $950 in value. Because we disagree with both claims, we shall affirm the judgment. FACTS Case No. 13F131 - The Receiving Stolen Property Case In June 2012, Jeffrey Hamm’s mountain bike was stolen from his parked truck outside a Redding motel. Hamm had purchased the bike for $1,099 and added several aftermarket accessories; he estimated the current replacement value of the bike was $1,699. A few months later, Hamm informed the Redding Police Department that he had seen a Craigslist advertisement for a bike he thought might be his. Redding Police Investigator Rusty Bishop went to defendant’s home and found Hamm’s stolen bicycle, identified by matching the serial number. Bishop also found a glass methamphetamine pipe. Defendant admitted he smoked methamphetamine. He claimed he had purchased the mountain bike five months earlier from a drug dealer in Anderson, who had