P. v. Jennings

Filed 3/29/06 P. v. Jennings CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

Appeal from a judgment of the Superior Court of Orange County, Gregg L. Prickett, Judge. Affirmed.

Lisa M. Bassis, under appointment by the Court of Appeal, for Defendant and Appellant.

Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Gary W. Schons, Assistant Attorney General, Robert M. Foster, David Delgado-Rucci and Pamela A. Ratner Sobeck, Deputy Attorneys General, for Plaintiff and Respondent.

Gloria Terisia Jennings appeals from a judgment after a jury convicted her of receiving stolen property. She argues there were evidentiary, constitutional, instructional, and sentencing errors. None of her contentions have merit and we affirm.

FACTS

Officer Christopher Nyhus was on patrol just after midnight when he stopped a car for a traffic violation. Jennings, the car's driver and sole occupant, told Nyhus her name and that she recently purchased the car in the City of Pomona. After Nyhus had Jennings get out of the car, he searched it and found a black wallet near the center console. Inside the wallet were a driver's license in the name of Marisol Cardenas, a credit card in the name of Steven Bennett, a business card from Best Value Inn and Suites, and a receipt with Jennings's name on it.[1] In the trunk, Nyhus found a locked safe, but he could not find the key in the car or on Jennings.

Inside the safe, officers found numerous items including, credit cards, gas station credit cards, department store credit cards, social security cards, driver's licenses, and documents. Specifically, officers found the following: a driver's license and social security card in the name of Yukitoshi Otaka; a check bearing the name of Ralph Corbin; a gas card and driver's licenses in the name of Martin Snyder; a driver's license, a gas card, a partially completed check, and credit cards in the name of Pochih Chang; a driver's license in the name of Ervin Balladarez; an American Express card and blank check bearing the name of Alvin Lai; a driver's license and department store cards in the name of Verna Breitbach; a social security card and department store credit card in the name of Anna Martinez; a driver's license in the name of Margie Duke; and other credit cards and paperwork in the name of other persons. Additionally, officers found a W-2 form, a letter from the State of California, an addressed envelope, a receipt, insurance documents, pay stubs, a copy of a check, and credit records with Jennings's name on them, and â€