P. v. Mercier CA2/5

Filed 5/1/13 P. v. Mercier CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FIVE

THE PEOPLE, B244040

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA054930) v.

SUSAN MERCIER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Charles A. Chung, Judge. Affirmed. Dawn S. Mortazavi, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. _______________

Appellant Susan Mercier appeals her conviction, by jury trial, of petty theft with three priors. Finding no error, we affirm the judgment of conviction.

STATEMENT OF FACTS On November 23, 2011, around 6:50 p.m., Byren Davis was on the phone with Margaret Johnston, his former fiancé. Davis dropped off a ring and cologne at Johnston's front door at 530 West Jackman Street, Apartment 327 in Lancaster, California. Davis placed the white gold ring with diamonds on top of the cologne box without placing it in any container. Loraine Garcia, Johnston's foster daughter, was 16 years old and living at Johnston's house on November 23, 2011. Before 6:30 p.m. on that date, Garcia was in the shower and did not hear the telephone ring or knocking at the door. Sometime after 6:30 p.m., Johnston called Garcia and asked her to get the ring outside of the front door. When Garcia opened the door, she did not see the ring or the cologne, but saw appellant and a woman talking near appellant's front door. Video of the area outside Johnston's door, captured on the apartment building's surveillance cameras, showed Davis dropping something off in front of Johnston's door at 6:51 p.m. At 6:53 p.m. the video shows Sergio Rodriguez1 and appellant at appellant's front door looking down the hall towards Johnston's apartment; appellant then picked up an item in front of Johnston's door. A few days after November 23, 2011, Johnston went to visit appellant; appellant's brother was there as well. Appellant told Johnston that she had not taken the ring, but her friend may have taken it; appellant said she would speak with her friend to try and get the ring back. Johnston subsequently received text messages from both appellant and her brother Jacob. Jacob texted Johnston that the ring had been sold and they had located the purchaser. After receiving the text messages, Johnston met with Jacob. Jacob described