Fear Not Law Articles: P. v. Baker

P. v. Baker

Filed 2/21/07 P. v. Baker CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Butte)

----

THE PEOPLE,

Plaintiff and Respondent,

MATTHEW DEAN BAKER,

Defendant and Appellant.

C050693

(Super. Ct. No. CM023515)

A jury found defendant Matthew Dean Baker guilty of receiving stolen property, a felony (Pen. Code, § 496, subd. (a); unspecified section references that follow are to the Penal Code), and giving false information to a police officer, a misdemeanor (§ 148.9, subd.(a)). The jury found defendant not guilty of possessing ammunition (§ 12316, subd. (b)(1)) or burglar's tools (§ 466). In a bifurcated proceeding, the trial court found true an allegation defendant served a prior prison term (§ 667.5, subd. (b)). The trial court sentenced defendant to the middle term of two years for receiving stolen property, plus one year for the prior prison term. The court sentenced defendant to a concurrent six-month jail term for the misdemeanor conviction.

Defendant appeals, contending his conviction for receiving stolen property was not supported by substantial evidence. We requested supplemental briefing on whether the trial court erred in failing to give a unanimity instruction. Finding that failure prejudicial error, we reverse defendant's conviction for receiving stolen property.

Facts and Proceedings

At approximately 3:00 a.m. on April 8, 2005, Butte County Sheriff's deputies responded to a report of an alarm at the Sierra Avenue School (the school) in Oroville. When they arrived, a car was stalled in the road at the east end of the school, and two occupants were inside. Defendant was the driver and Justin Lee Spicer was his passenger. Defendant falsely identified himself as Brian J. Baker.

Defendant and Spicer both smelled like gasoline. There was a gasoline can in the backseat of the car and a very strong odor of gasoline in the car. Defendant said he ran out of gas and spilled some gas inside the car.

A bag of tools containing a vehicle registration card bearing the name â€

Description	A jury found defendant guilty of receiving stolen property, a felony (Pen. Code, S 496, subd. (a); unspecified section references that follow are to the Penal Code), and giving false information to a police officer, a misdemeanor (S 148.9, subd.(a)). The jury found defendant not guilty of possessing ammunition (S 12316, subd. (b)(1)) or burglar's tools (S 466). In a bifurcated proceeding, the trial court found true an allegation defendant served a prior prison term (S 667.5, subd. (b)). The trial court sentenced defendant to the middle term of two years for receiving stolen property, plus one year for the prior prison term. The court sentenced defendant to a concurrent six month jail term for the misdemeanor conviction. Defendant appeals, contending his conviction for receiving stolen property was not supported by substantial evidence. Court requested supplemental briefing on whether the trial court erred in failing to give a unanimity instruction. Finding that failure prejudicial error, court reverse defendant's conviction for receiving stolen property.
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