People v. West CA3

Filed 8/20/15 P. v. West CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE, C076456

Plaintiff and Respondent, (Super. Ct. No. CM037149)

v.

JONATHAN NATHAN WEST, SR.,

Defendant and Appellant.

Following a jury trial, defendant Jonathan Nathan West, Sr., was convicted of a single count of receiving stolen property and sentenced to two years in state prison. On appeal, defendant challenges the sufficiency of the evidence to support the conviction. We conclude that substantial evidence supports the jury’s determination that defendant knowingly possessed stolen property and affirm. BACKGROUND On the morning of February 16, 2012, college student Joshua Gill was getting ready to go for a bike ride with a friend and neighbor from his apartment complex on

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Nord Avenue in Chico. He noticed a “suspicious” man walking outside, but did not get a good look at him. A short time later, Gill noticed that his backpack, which he had left on a chair outside of his apartment, was missing. The backpack contained Gill’s keys and wallet. Gill searched the area around his apartment complex for the missing backpack. When the search proved unsuccessful, Gill called police. While on the phone with the police department, Gill noticed two “suspicious” individuals staring at him from outside the perimeter of the apartment complex. The individuals were wearing coats that would have been large enough to conceal Gill’s small backpack. They left the area while Gill was still on the phone with police. A few months later, in the early morning hours of June 27, 2012, Chico Police Officer Justin Adrian responded to a disorderly conduct call at 1572 Nord Avenue. Officer Adrian contacted defendant, who reported that he had been in an argument with his roommate. Officer Adrian, who had responded to another disorderly conduct call involving defendant an hour earlier, arrested defendant for public intoxication. Officer Adrian searched defendant incident to arrest and found Gill’s driver’s license and debit card in defendant’s wallet. Officer Adrian investigated and learned that Gill’s driver’s license and debit card had been reported stolen some four to five months earlier. During the course of his investigation, Officer Adrian also learned that no one had attempted to use Gill’s debit card during the time it was missing. On October 15, 2012, defendant was charged with one count of receiving stolen property. The information further alleged that defendant had two prior strike convictions for attempted robbery and burglary.