P. v. Prince

Filed 6/1/06 P. v. Prince CA2/5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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 FIVE

APPEAL from a judgment of the Superior Court of the County of Los Angeles, Sam Ohta, Judge. Affirmed.

Barbara A. Smith, 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, Senior Assistant Attorney General, Robert F. Katz, Supervising Deputy Attorney General, Lauren E. Dana, Deputy Attorney General, for Plaintiff and Respondent.

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Defendant and appellant Robert Prince (defendant) appeals his convictions by a jury of being a felon in possession of a firearm (Pen. Code,[1] § 12021, subd. (a)(1)) and felony vandalism (§ 594, subd. (a)), on the ground that there was insufficient evidence to sustain either conviction. Substantial evidence supports defendant's convictions for possession of a firearm by a felon and for felony vandalism. We therefore affirm those convictions.

BACKGROUND[2]

Defendant rented a downstairs unit of a triplex owned by his sister, Shirley Prince, who lived in a unit upstairs with her two children, Andrea and Andre. During the seven years defendant had lived there, relations between him and his sister had been troubled, and mutual restraining orders had been issued against them in the past.

On September 24, 2004, defendant was in the driveway of the triplex talking to Andrea and Andre, when Ms. Prince asked him to move some trash cans. Defendant refused to do so, and an argument ensued. Both Ms. Prince and Andrea testified at trial that defendant told Ms. Prince that he would â€