People v. Cruz CA2/1

Filed 3/30/15 P. v. Cruz CA2/1 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B255359

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA361253) v.

KIRSIO CRUZ,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Bob S. Bowers, Jr., Judge. Affirmed Wallin & Klarich and Stephen D. Klarich for Defendant and Appellant

Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and Paul M. Roadarmel, Jr., Deputy Attorneys General, for Plaintiff and Respondent.

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A jury convicted Kirsio Cruz of conspiracy, grand theft (auto) and thirteen other offenses related to the theft of automobiles. Cruz contends that the trial court erred in failing to instruct the jury that it had to determine whether there was one or multiple conspiracies and whether the statute of limitations had run on the conspiracies. He further contends the statute of limitations had run on the charge of grand theft. We reject these contentions and affirm the judgment. FACTS AND PROCEEDINGS BELOW Because this is an unreported opinion and the parties are familiar with the facts we will dispense with their recitation here. To the extent they are relevant the facts are set out in our discussion of the issues below. Officers of the California Highway Patrol executed search warrants at Cruz’s home, businesses and other property and seized numerous documents connecting him to the “lien-washing” of at least seven vehicles.1 Witnesses’ testimony also directly linked Cruz to several of the stolen vehicles. A jury convicted Cruz of numerous offenses including conspiracy to commit multiple crimes related to auto theft including grand theft, forgery, identity theft and filing of forged instruments. The court sentenced Cruz to an unstayed prison term of eight years, eight months. On appeal Cruz maintains that the court committed prejudicial error by not properly instructing the jury on the conspiracy count and that the statute of limitations on the grand theft charge had expired.