People v. Simmons CA5

Filed 10/27/21 P. v. Simmons 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F081469 Plaintiff and Respondent, (Super. Ct. No. 4006950) v.

CHRISTOPHER DEAN SIMMONS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Nancy A. Leo, Judge. Jeffrey S. Kross, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Daniel B. Bernstein and Peter H. Smith, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Meehan, J. and DeSantos, J.

Appellant Christopher Dean Simmons was convicted by jury of owning and operating a chop shop (Veh. Code, § 10801) and receiving a stolen vehicle, a 1964 Chevrolet Impala (Pen. Code,1 § 496d, subd. (a)). On appeal, he claims there is insufficient evidence to support his conviction for receiving a stolen vehicle. We affirm. PROCEDURAL HSTORY On April 22, 2019, the Stanislaus County District Attorney’s Office filed an information charging Simmons with owning and operating a chop shop (Veh. Code, § 10801; count 1); receiving a stolen vehicle, a 1964 Chevrolet Impala (§ 496d, subd. (a); count 2); and receiving stolen property, a license plate (§ 496d, subd. (a); count 3). The information further alleged that Simmons had suffered one prior strike conviction within the meaning of the “Three Strikes” law (§§ 1192.7, subd. (c) & 667, subd. (d)), and that he had served three prior prison terms (§ 667.5, subd. (b)). On September 3, 2019, Simmons’s jury trial commenced. On September 9, 2019, after the prosecutor had rested his case, defense counsel moved for a judgment of acquittal on counts 2 and 3 pursuant to section 1118.1. The trial court granted Simmons’s motion as to count 3. Although the trial court acknowledged count 2 was “a close case,” it decided the evidence presented was sufficient to proceed to the jury. On September 10, 2019, Simmons was found guilty on counts 1 and 2. In a bifurcated proceeding, the trial court found true the prior strike allegation and all three prior prison term enhancement allegations. On December 10, 2019, the trial court granted Simmons’s motion to discharge his appointed counsel, and to appoint new counsel to represent him on a motion for new trial and sentencing.