P. v. Magallanes CA3

Filed 6/24/13 P. v. Magallanes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Yolo) ----

THE PEOPLE, C069727

Plaintiff and Respondent, (Super. Ct. Nos. CRF112565, F070048, F083151) v.

OLIVIA MAGALLANES,

Defendant and Appellant.

A jury convicted defendant Martha Magallanes of taking and receiving a stolen vehicle. On appeal, she challenges the sufficiency of the evidence to support the verdicts on both counts. We affirm. FACTS AND ANALYSIS The limited scope of appellate review of an insufficiency of the evidence claim is well known. From a review of the entire record, we must determine whether any rational trier of fact could have found the essential elements of the crime beyond a reasonable doubt. (People v. Johnson (1980) 26 Cal.3d 557, 576.) We must review the evidence in the light most favorable to the prosecution and presume the existence of every fact the

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trier of fact could reasonably deduce from the evidence in support of the judgment. (Id. at pp. 576-577.) We are not at liberty to substitute our assessment of the evidence for that of the jury. (People v. Ceja (1993) 4 Cal.4th 1134, 1139.) With these principles in mind, we cite the facts the jury could reasonably deduce from the evidence offered by the prosecution. Bonaficia Sierra owned a Chevrolet Tahoe and a Toyota Corolla, both of which were parked in her driveway when she went to sleep around 10:30 p.m. on June 1, 2011. She hung one set of keys on a hook inside the house. At approximately 3:00 a.m., her sister, who lived with her and worked nights, called her to inquire where the Tahoe was. Sierra and her husband investigated and discovered their car was missing. They concluded they must have left their garage door open. Sierra called the police. While they waited for the police to arrive, they heard a car pull into their court, which was unusual at that hour. Sierra watched a Chevy Blazer pull into her driveway and an African American male attempt to get into her Toyota Corolla. She stepped into the garage and asked the couple who arrived in the Blazer what they were doing there. The woman responded, “What are you doing?” Sierra closed the garage and went back into the house. Her sister was also watching from a window in a bedroom close to the driveway. Defendant and her male companion drove away. Defendant was driving. When the police arrived, Sierra and her sister both gave descriptions of the two people they saw in their driveway. According to Sierra, she described defendant as a heavyset Hispanic woman who wore her hair in a bun. According to the investigating police officer, Sierra described the woman as African American. She changed the police report to indicate that the female suspect was Hispanic and not African American. Her sister described the woman as African American and “heavy.” She too said the woman wore her hair in a bun. Less than 24 hours later, Sierra was notified her Tahoe had been found in West Sacramento. Sierra and her sister went to retrieve it. To their surprise, they were asked