People v. Garcia CA2/7

Filed 1/13/15 P. v. Garcia CA2/7 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION SEVEN

THE PEOPLE, B251502

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA126868) v.

MOISES GARCIA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Michael Shultz, Judge. Affirmed. Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Lance E. Winters, Senior Assistant Attorney General, Jonathan J. Kline and Ryan M. Smith, Deputy Attorneys General, for Plaintiff and Respondent.

___________________________________ Appellant Moises Garcia appeals from the judgment on his conviction on one count of receiving stolen property in violation of Penal Code1 section 496, subdivision (a). Appellant contends that the trial court erred in admitting the hearsay statement of a witness implicating him in the crime. As we shall explain, appellant’s claim lacks merit. Accordingly, we affirm the judgment. FACTUAL AND PROCEDURAL BACKGROUND At approximately 3:40 p.m. on January 13, 2013, Los Angeles County Deputy Sheriff Carolina Roman received a routine call to respond to a residence on Louise Avenue in Lynwood. The dispatcher informed Deputy Roman that two men had been observed removing copper wire from a Ryder rental truck and placing the wire in the garage of the residence. When Deputy Roman arrived on the scene, she walked towards the Ryder truck. She saw a man, later identified as Alberto Murillo, walking toward her and away from the truck. Deputy Roman detained Murillo. While doing so, she also observed a second man, later identified as appellant, in the driver’s seat on the driver’s side of the truck. Appellant was approximately 40 feet away from Deputy Roman at the time and his face was turned towards her. Deputy Roman observed appellant exit the truck. He walked towards the garage where some of the copper wire had been unloaded, and attempted to close the garage door. When the door would not close, appellant walked to the back of the house and disappeared from view. According to Deputy Roman, her opportunity to view appellant spanned a number of seconds. Other Sheriff’s deputies arrived on scene to search for appellant, but he was not apprehended that day. Deputy Roman recovered a license plate and an ignition switch from the floor of the driver’s side of the truck. The investigation revealed that the truck had been reported stolen. Inside the garage of the house on Louise Avenue, police recovered large spools of copper wire marked “DWP.” Deputy Roman also questioned Murillo, who identified