People v. Mouton CA5

Filed 9/29/23 P. v. Mouton 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NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F084830 Plaintiff and Respondent, (Super. Ct. No. CR-22-000522) v.

MORVONTE JOSEPH MOUTON, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Stanislaus County. Dawna Reeves, Judge. Heather E. Shallenberger, under appointment by the Court of Appeal, for Defendant and Appellant. Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Lewis A. Martinez and Louis M. Vasquez, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

* Before Detjen, Acting P. J., Smith, J. and Snauffer, J.

INTRODUCTION Appellant Morvonte Joseph Mouton was found guilty by a jury of felony vandalism. He was sentenced to two years’ probation and 90 days in jail. Appellant argues there was not substantial evidence to sustain his conviction because appellant’s identity as the perpetrator was not sufficiently proven. We affirm. PROCEDURAL HISTORY In an information filed on May 3, 2022, the Stanislaus County District Attorney charged appellant with one count of felony vandalism (Pen. Code, § 594, subd. (b)(1); count 1), and misdemeanor possession of a controlled substance, methamphetamine (Health and Saf. Code, § 11377, subd. (a); count 2.) On July 20, 2022, the trial court granted the prosecution’s motion to dismiss count 2. Following a jury trial, appellant was found guilty of count 1. Appellant was sentenced to 90 days in jail and two years’ probation. Appellant filed a timely notice of appeal on August 19, 2022. STATEMENT OF FACTS Underlying Offense On January 21, 2022, Steven Weldon, senior superintendent for a construction company, arrived at a construction site in Modesto at around 5:15 a.m. Weldon was across the street from an auto parts store getting a bag out of his car when he saw an individual throw a rock through the store’s window. The headlights on Weldon’s truck were turned on and pointed toward the direction of the auto parts store, and Weldon was about 150 feet away from the individual when they threw the rock. Weldon described the individual as wearing dark clothing, pants, a “hoodie,” and a hat, and as having a slim build. After throwing the rock, the individual walked away down the street. Weldon let an employee of the auto parts store know what happened and called the police.