P. v. Hooter
Filed 4/21/06 P. v. Hooter CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS
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IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA
SECOND APPELLATE DISTRICT
DIVISION THREE
| THE PEOPLE, Plaintiff and Respondent, v. EDWARD OSCAR HOOTER, Defendant and Appellant. | B183562 (Los Angeles County Super. Ct. No. PA050810) |
APPEAL from a judgment of the Superior Court of Los Angeles County,
Ronald S. Coen, Judge. Affirmed.
Barbara A. Smith, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Pamela C. Hamanaka, Assistant Attorney General, Steven D. Matthews and Juliet H. Swoboda, Deputy Attorneys General, for Plaintiff and Respondent.
_________________________
Defendant and appellant, Edward Oscar Hooter, appeals from the judgment entered following his conviction, by jury trial, for the unlawful driving or taking of a vehicle and for receiving stolen property, with a prior prison term finding (Veh. Code, § 10851; Pen. Code, § 496, 667.5).[1] Sentenced to state prison for four years, Hooter claims there was trial error.
The judgment is affirmed.
BACKGROUND
Viewed in accordance with the usual rule of appellate review (People v. Ochoa (1993) 6 Cal.4th 1199, 1206, the evidence established the following.
1. Prosecution evidence.
On February 23, 2005,[2] in the late afternoon, Kevin McWorter parked his 1999 Honda Civic in front of his house. In the early morning hours of February 24, he discovered the car was missing and reported it stolen.
On February 27, at about 9:30 p.m., Los Angeles Police Officers Richard Garcia and Roman Nelson, in a marked patrol car, were driving on the 210 freeway when they saw a Honda Civic driving erratically. The officers made a traffic stop. A computer check revealed the Civic had been reported stolen.
Defendant Hooter, who was driving the Civic, was ordered out of the car. He was handcuffed, searched for weapons and put into the patrol car. As he was sitting down, Hooter spontaneously said, â€
