People v. Allen CA4/3

Filed 11/26/14 P. v. Allen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G050248

v. (Super. Ct. No. RIF1103284)

CLARENCE CLEVELAND ALLEN, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Riverside County, Michael B. Donner, Judge. Affirmed. Law Office of Zulu Ali, Zulu Ali and Maleha Khan-Avila for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland and Eric A. Swenson, Assistant Attorneys General, Jennifer B. Truong, Deputy Attorney General, for Plaintiff and Respondent. * * *

A jury convicted defendant Clarence Cleveland Allen of felony receiving stolen property (Pen. Code, § 496, subd. (a); all statutory references are to the Penal Code unless noted). Allen contends the trial court abused its discretion in allowing the prosecutor to introduce evidence of Allen’s parole status, the prosecutor committed misconduct during closing argument, and the trial court erred by failing to instruct sua sponte on misdemeanor receiving stolen property as a lesser included offense. For the reasons expressed below, we affirm.

I FACTUAL AND PROCEDURAL BACKGROUND

On June 27, 2011, Ashley Stanley’s purse was stolen outside of a restaurant in San Bernardino. Stanley’s purse contained her wallet, California identification card, Social Security card, bank card, and other personal items. The following day, Riverside County Deputy Sheriff Santos Cortez while on patrol approached Allen and three companions on a public street. Cortez searched Allen’s right front pants pocket and found Stanley’s identification card, Social Security card, debit card, and bank card. Following trial in January 2013, the jury found Allen guilty as noted above. Allen admitted he had suffered a prior strike (§ 667, subds. (c) & (e)(1)) and served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced Allen to an aggregate five-year prison term.