P. v. Hawkins
Filed 2/24/06 P. v. Hawkins 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. BRIAN EUGENE HAWKINS, Defendant and Appellant. | G034990 (Super. Ct. No. 04NF3123) O P I N I O N |
Appeal from a judgment of the Superior Court of Orange County, M. Marc Kelly, Judge. Affirmed.
Wilfrid C. Rumble, 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, and Scott C. Taylor, Deputy Attorney General, for Plaintiff and Respondent.
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A jury convicted Brian Hawkins of unlawfully driving or taking a vehicle without consent (Veh. Code, § 10851, subd. (e))[1] and two misdemeanors. He complains the court erred by failing to provide a unanimity instruction. (CALJIC No. 17.01.) Finding no basis to overturn the judgment, we affirm.
I
On August 7, 2004, defendant accompanied Stacy Lingo to the rental department of Fletcher Jones Toyota in Las Vegas. Lingo told rental manager Anthony Adimey she wanted to rent a car for defendant's birthday, and paid $500 in cash for a two-day rental of a silver Highlander. Adimey telephoned her when she failed to return it on the due date. Defendant answered and asked if they could keep the vehicle longer. Adimey informed him the dealership required payment of additional rental fees that day to extend the contract. Defendant agreed and stated they would arrive in about two hours. When they did not appear, Adimey called again. Defendant reported they were 50 miles from town and would soon arrive. They never showed up.
The next day, August 10, Adimey left a voicemail message for Lingo. She returned the call about 30 minutes later and claimed defendant had stolen the car and her cellular phone. As they spoke, she said â€
