People v. Harvey CA4/3

Filed 9/11/15 P. v. Harvey CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G049724

v. (Super. Ct. No. 10HF1993)

RICKY LANCE HARVEY, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Laurel M. Nelson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and Allison V. Hawley, Deputy Attorneys General, for Plaintiff and Respondent.

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A jury found defendant Ricky Lance Harvey guilty of first degree residential burglary (Pen. Code, §§ 459, 460, subd. (a)) and street terrorism (Pen. Code, § 186.22, subd. (a)). On the burglary, the jury also found a gang enhancement allegation (Pen. Code, § 186.22, subd. (b)) to be true. The court found defendant had suffered a prior federal conviction for bank robbery, and denied his motion to strike the prior under People v. Superior Court (Romero) (1996) 13 Cal.4th 497. The court sentenced him to 18 years in state prison on the burglary count and stayed sentencing on the street terrorism count under Penal Code section 654. In his appeal, defendant contends there is a lack of substantial evidence supporting his convictions for burglary and street terrorism, and the jury’s true finding on the gang enhancement. We disagree with all three contentions and affirm the judgment.