People v. Garcia CA5

Filed 10/29/15 P. v. Garcia CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F068604 Plaintiff and Respondent, (Super. Ct. No. 12CM2042) v.

RANDY GARCIA, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kings County. Robert S. Burns, Judge. Michael Allen, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Michael P. Farrell, Assistant Attorney General, Julie A. Hokans and Galen N. Farris, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P.J., Peña, J. and Smith, J.

INTRODUCTION Appellant Randy Garcia was convicted of first degree residential burglary. (Pen. Code, §§ 459/460, subd. (a).)1 In addition, an enhancement allegation attached for three prior prison terms was found true (§ 667.5, subd. (b)). Appellant was sentenced to nine years in prison with credit for 376 days in custody. Appellant contends the trial court erred in denying his motion for mistrial after a police officer volunteered during his testimony that paperwork located in appellant’s vehicle indicated appellant was a possible suspect in other burglaries. Appellant argues that the testimony was incurably prejudicial. We disagree and affirm the judgment. FACTS On June 14, 2012, Harold Van Heeringen left his home in Hanford, California around 4:30 a.m. At approximately 8:58 a.m., two of Van Heeringen’s neighbors, Bobby Robertson and Diana Trafny, saw people carry items out of Van Heeringen’s garage and load the items into a vehicle. Robertson saw two males and one female, one of the men drove off on Van Heeringen’s motorcycle; Trafny saw one male and one female. Trafny, approximately 10 to 15 feet away from the male, identified the male as appellant.2 Appellant was carrying a box to a gold four-door Chevy Cavalier parked in Van Heeringen’s driveway. Trafny contacted Van Heeringen and then the police. Police Officer Anthony Pellouso from the Hanford Police Department arrived on scene and observed that the house appeared to have been rummaged through and doors appeared to have been broken into. When Van Heeringen arrived home, he discovered various items missing from his residence. Ten minutes after his arrival, Officer Pellouso