P. v. Mitchell
Filed 5/18/06 P. v. Mitchell CA2/3
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SECOND APPELLATE DISTRICT
DIVISION THREE
THE PEOPLE, Plaintiff and Respondent, v. JOSE PEPE MITCHELL, JR., Defendant and Appellant. | B179757 (Los Angeles County Super. Ct. Nos. YA057740, BA267323 & BA270478) |
APPEAL from judgments of the Superior Court of Los Angeles County, David Mintz, Judge. Affirmed.
Robert L.S. Angres, 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, Linda C. Johnson and Gary A. Lieberman, Deputy Attorneys General, for Plaintiff and Respondent.
_________________________
Defendant and appellant, Jose Pepe Mitchell, Jr., appeals from the judgment entered in case No. BA270478, following his conviction by jury trial for petty theft (Pen. Code, § 487).[1] Mitchell claims there was trial error.[2] Mitchell also appeals from the judgments entered following the revocation of his probation in case Nos. BA267323 and YA057740.
The judgments are 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.
On August 29, 1994, Los Angeles police officers conducted a so-called bait-car operation in the area of 47th Street and McKinley Avenue. There had been numerous automobile thefts and break-ins in this area. The bait car was a Honda Accord, outfitted with video and audio recording devices. Officers pretended to arrest the driver of the Honda, which was left at the southeast corner of 47th and McKinley with the keys in the ignition and the windows rolled up. There were two tires with 20-inch chrome rims visible on the back seat of the Honda. There were two more tires with chrome rims in the Honda's trunk. The trunk did not close all the way and it had been secured with a piece of twine. One of the chrome rims in the trunk was clearly visible from the street.
Officer Michael Barz and a partner were in plain clothes and watching the Honda from an S.U.V. parked about 50 feet away. After 10 or 15 minutes, Arthur Jenkins approached the Honda. Jenkins â€
