People v. Labasay CA2/6

Filed 2/17/15 P. v. Labasay CA2/6 Exhibit not available electronically NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 SIX

THE PEOPLE, 2d Crim. No. B252259 (Super. Ct. No. 2013017026) Plaintiff and Respondent, (Ventura County)

v.

LAUREANO VALERA LABASAY,

Defendant and Appellant.

Laureano Valera Labasay appeals after a jury convicted him on three counts of offering a false or forged document for filing (Pen. Code,1 § 115, subd. (b)) and one count of forgery (§ 470, subd. (d)), and found two out-on-bail allegations to be true (§ 12022.1, subd. (b)). The trial court sentenced appellant to six years in state prison. The court also issued orders prohibiting him from contacting the victims or their tenants or employees, or recording any further documents concerning the victims' property. Appellant contends his forgery conviction must be reversed for insufficient evidence and the "no contact" and "no recording" orders must be stricken as beyond the court's

1 All further undesignated statutory references are to the Penal Code.

authority. The People concede both points, and we shall modify the judgment accordingly. Otherwise, we affirm.2 STATEMENT OF FACTS In 1997, Daniel and Barbara Manzer (as co-trustees of the Manzer Family Trust) became owners of the Woodcrest Apartments (the property), a 32-unit apartment complex in Oxnard. Walker and Paul (WP), a property management company, has managed the property since January 2006. Leonardo and Josephina Santera and their two sons moved into one of the property's apartments in October 2002. On February 1, 2010, WP employee Denise Elliott served the Santeras with a three-day notice to pay rent or quit. After the Santeras did neither, an unlawful detainer action was filed against them. Appellant intervened in the action, claiming he was the Santeras' cotenant. Elliott had no knowledge of appellant living on the premises. Appellant subsequently sent Elliott correspondence claiming he became the owner of the property as the prevailing party in the unlawful detainer action. Judgment in the action was actually entered in favor of the Manzers, and the Santeras were forcibly evicted. Appellant was not present when the eviction took place. After the eviction, appellant continued to demand that WP recognize him as the property's owner and forward all rent proceeds to him. In June 2010, Elliott was informed that a "notice" had been posted on the front door to each unit with the typewritten title: "TO: ALL RENTERS AT 2951-3011 ALBANY DR. OXNARD, CA 93003[.] JUNE 24, 2010[.] SUBJECT: CHANGE OF OWNERSHIP[.] NEW OWNER: LAUREANO V. LABASAY[.] NEW MANAGER: BENEDICTO P. SANTERA[.]" (Par. breaks omitted.) The body of the notice bears appellant's signature and states among other things that he acquired the property through "Adverse Possession"