People v. Lopez CA4/3

Filed 4/22/16 P. v.Lopez 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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). The opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G051199

v. (Super. Ct. No. 13CF2910)

MARIO LOPEZ, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, David A. Hoffer, Judge. Affirmed. Valerie G. Wass, 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, A. Natasha Cortina and Christine Levingston Bergman, Deputy Attorneys General, for Plaintiff and Respondent. * * *

A jury convicted Mario Lopez of first degree residential burglary (Pen. Code, §§ 459, 667.5, subd. (c)(21) [nonaccomplice present during burglary]; all statutory references are to the Penal Code), and grand theft (§ 487, subd. (a)). The trial court found Lopez had suffered a prior Three Strikes conviction. (§§ 667, subds. (d) & (e), 1170.12, subds. (b) & (c)), and two prior serious felony convictions (§ 667, subd. (a)(1)). Lopez challenges the sufficiency of the evidence to support the grand theft conviction, arguing the value of the stolen computer did not exceed the $950.00 threshold necessary to secure a felony conviction. We disagree and therefore affirm the judgment.

I FACTUAL AND PROCEDURAL BACKGROUND Circumstantial evidence established Lopez entered Rodolfo Curiel’s Santa Ana home during the day on August 14, 2012, and stole Curiel’s 13-inch Apple MacBook Pro A1278 laptop computer. Curiel had purchased the laptop around August 2011 for $2,000, and installed software costing over $500. Curiel recovered the laptop from a pawn shop in June 2013. A few months later he sold the computer on Craigslist for $800. Following trial in October 2014, the jury convicted Lopez as charged and the court imposed a 14-year prison term.