People v. McLeod CA4/1

Filed 9/10/20 P. v. McLeod CA4/1 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

COURT OF APPEAL, FOURTH APPELLATE DISTRICT

DIVISION ONE

STATE OF CALIFORNIA

THE PEOPLE, D076854

Plaintiff and Respondent,

v. (Super. Ct. Nos. SCD280820, SCD281704) JOHN PAUL MCLEOD,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of San Diego County, Yvonne Esperanza Campos, Judge. Affirmed.

Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance by Plaintiff and Respondent. ACTUAL AND PROCEDURAL BACKGROUND The District Attorney for San Diego County charged defendant John Paul McLeod in a consolidated information with a variety of offenses related to stealing and using credit cards, and unlawfully taking individuals' personal identifying identification (PII). The names of the victims and facts

surrounding their victimizations are covered in defendant's brief and incorporated herein. The consolidated information charged defendant with possessing the

PII of 10 or more persons with the intent to defraud (Pen. Code,1 § 530.5, subd. (c)(3); count 1); possession of metal knuckles (§ 21810; count 2); obtaining the PII of Suzanne and John S. and using that information for an unlawful purpose (530.5, subd. (a); count 3); possessing a forged check with the intent to defraud (§§ 475, subd. (a) & 473, subd. (b); count 4); possessing methamphetamine (Health & Saf. Code, § 11377, subd. (a); count 5); possessing a forged driver's license (§ 470b; count 6); misdemeanor petty theft (§§ 484 & 490.5; count 7); and four counts of misdemeanor obtaining PII with intent to defraud (§ 530.5, subd. (c)(1); counts 8, 9, 10, & 11). The information further alleged that defendant was presumptively ineligible for probation due to four prior felony convictions dating back to October 2006 (§ 1203, subd. (e)(4)); that counts 1 through 5 were alleged to have occurred between February 26 and March 1, 2019, and counts 6 through 11 were alleged to have occurred on May 9, 2019. On July 30, 2019, the trial court granted defendant's motion to bifurcate the trial on the bail enhancement allegation. On August 7, 2019, the jury acquitted defendant of possession of metal knuckles (count 2) and possession of methamphetamine (count 5), but found him guilty on the remaining counts. The jury in the bifurcated trial found true the allegation defendant committed count 6, possession of a forged driver's license, while released from custody on bail. (See § 12022.1, subd. (b).)