P. v. Nguyen
Filed 4/20/06 P. v. Nguyen 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
| THE PEOPLE, Plaintiff and Respondent, v. HO HAI NGUYEN, Defendant and Appellant. | G035093 (Super. Ct. No. 04WF1664) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, M. Marc Kelly, Judge. Affirmed.
Michael R. Totaro, 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, Ronald A. Jakob and Andrew S. Mestman, Deputy Attorneys General, for Plaintiff and Respondent.
* * *
Ho Hai Nguyen appeals from the judgment sending him to prison for 13 years after a jury found him guilty of first degree residential burglary. (Pen. Code, §§ 459, 460, subd. (a).) It was further alleged that someone other than an accomplice was present in the residence during the commission of the crime. (Pen. Code, § 667.5, subd. (c)(21).) On appeal, he contends the evidence was insufficient to support his conviction because he characterizes the sole identification testimony by the victim as inherently unbelievable. We affirm.
FACTS
One morning, Geri Lynn Johnson heard a noise in her living room and saw a man she described as possibly Hispanic in appearance with black hair and wearing a blue shirt, blue jeans and white shoes, attempting to take her sliding glass door off its tracks. She ran to the sliding door, banged on it with her fists and shouted. She got a quick glance at the man's face as he ran away.
Johnson notified the police immediately and, while reporting the crime to an officer outside her home, she suddenly noticed a man wearing a blue shirt, blue jean shorts and white shoes running down a nearby street. Johnson shouted â€
