People v. Valenzuela CA2/6

Filed 4/30/15 P. v. Valenzuela CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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. B256440 (Super. Ct. No. 2013025724) Plaintiff and Respondent, (Ventura County)

v.

LUIS VALENZUELA,

Defendant and Appellant.

Luis Valenzuela appeals from the judgment following his conviction by jury of grand theft (Pen. Code, § 487, subd. (c)), as a lesser included offense of second degree robbery (id. at § 211); and street terrorism (id. at § 186.22, subd. (a)). The trial court sentenced him to state prison for nine years, eight months. Appellant challenges the sufficiency of the evidence to support his grand theft conviction. We affirm. FACTUAL AND PROCEDURAL BACKGROUND On July 14, 2013, appellant and a younger companion, Timothy Medina, flagged down Manny Ramirez as he rode his black beach cruiser bike

down Collins Street in Oxnard. Ramirez stopped and spoke with them. Appellant asked Ramirez where he was from. Ramirez said he had just moved from Santa Barbara. Appellant asked if he was from East Side and said he did not like "homies from East Side." East Side Santa Barbara is a Santa Barbara street gang. Ramirez said he was not affiliated with any gang. Appellant swung at Ramirez, and tried to punch him. To avoid being hit, Ramirez stepped back, and away from his bike. Appellant grabbed Ramirez's bike and said, "[T]his is my bike now." He also said that if Ramirez wanted the bike, he could go to 417 Collins Street, and would need to have an "older homie from the neighborhood vouch" for him. Medina said, "[i]f you want your bike back, you'll have to throw down or fight for it." Ramirez left. Appellant walked toward his home at 417 Collins Street with Medina. On the same day, Ventura County Sheriff Deputies Jeff Jacobs and David Schwieder responded to reports of the theft. They spoke to Ramirez, who described the incident, his bike and the suspects. Ramirez also expressed fear about getting "jumped or beat up" and being labeled "a rat." The deputies recovered Ramirez's bike from appellant's house. The bike was repainted and its frame had "little globules" of damp, sticky reddish-brown spray paint. DISCUSSION Appellant contends there is not sufficient evidence to support his grand theft conviction. We disagree. In reviewing claims of insufficient evidence, we examine the entire record in the light most favorable to the judgment to determine whether there is substantial evidence that is reasonable, credible, and of solid value from which a reasonable trier of fact could find the defendant guilty beyond a reasonable doubt. (People v. Maciel (2013) 57 Cal.4th 482, 514-515.) We do not reweigh the evidence or reassess the credibility of witnesses. (People v. Houston (2012)