P. v. Spencer



Filed 3/8/11 P. v. Spencer CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS


California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.



IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SIXTH APPELLATE DISTRICT

THE PEOPLE, Plaintiff and Respondent, v. MARK JAMES SPENCER, Defendant and Appellant.

H035086 (Santa Clara County Super. Ct. No. CC933539)

Defendant Mark James Spencer appeals from a judgment of conviction entered after a jury found him guilty of three counts of burglary of a vehicle (Pen. Code, §§ 459, 460, subd. (b) - counts 1, 2, 3)[1] and one count of receiving stolen property (§ 496, subd. (a) - count 5). Defendant also admitted the allegations that he had served four prior prison terms (§ 667.5, subd. (b)). The trial court sentenced defendant to eight years in prison. On appeal, defendant contends: the trial court's comment that a witness was â€