P. v. Maurus
Filed 2/24/06 P. v. Maurus CA4/2
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 TWO
| THE PEOPLE, Plaintiff and Respondent, v. MALIK ANGEL MAURUS, Defendant and Appellant. | E038480 (Super.Ct.No. FWV032785) OPINION |
APPEAL from the Superior Court of San Bernardino County. Ingrid A. Uhler, Judge. Affirmed.
Jean Ballantine, 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, Senior Assistant Attorney General, Barry Carlton, Supervising Deputy Attorney General, and Kristen K. Chenelia, Deputy Attorney General, for Plaintiff and Respondent.
A jury found defendant guilty of receiving a stolen motor vehicle, to wit, an Infiniti QX4 (Pen. Code, § 496d, subd. (a))[1] and receiving stolen property, to wit, a 50cc Dino Mini Rex quad runner and other items, (§ 496, subd. (a)).[2] Defendant thereafter admitted that he had sustained a prior serious or violent strike conviction (§§ 667, subds. (b)-(i), 1170.12, subds. (a)-(d)) and that he had suffered four prior prison terms (§ 667.5, subd. (b)). After the trial court denied defendant's motion for new trial based on insufficient evidence, defendant was sentenced to a total term of nine years in state prison. On appeal, defendant contends (1) there was insufficient evidence to sustain his convictions; and (2) the trial court improperly instructed the jury on possession. We reject these contentions and affirm the judgment.
I
FACTUAL BACKGROUND
At about 7:15 p.m., on October 27, 2004, Graciela Wilson parked her black 1998 Infiniti QX4 in her garage in Upland. Inside her vehicle was a backpack containing her wallet, keys, checkbook, and all her identification cards. Also parked in the garage was her child's 50 cc off-road quad runner. About 5:00 a.m. the following morning, Graciela went into her garage and discovered that her garage door was open and her car and quad runner were missing. Graciela reported the theft within a half hour to the Upland Police Department. Graciela's car was equipped with the Lojack recovery system.
About 11:15 a.m., San Bernardino Sheriff's Department Deputy John Wilson received a â€
