P. v. Carucci
Filed 5/2/06 P. v. Carucci CA6
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
SIXTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. JASON CARUCCI, Defendant and Appellant. | H028859 (Santa Clara County Super. Ct. No. CC472294) |
Defendant Jason Carucci was convicted by jury of one count of auto theft with a prior conviction (Veh. Code, § 10851; Pen. Code,[1] § 666.5, a felony) and one count of resisting arrest (§ 148, subd. (a)(1), a misdemeanor). During trial, the court granted defendant's motion for acquittal pursuant to section 1118.1 of a third count that alleged possession of burglary tools (§ 466). In a bifurcated proceeding, the court found true allegations that defendant had one prior strike conviction and two prison priors (§ 667.5, subd. (b)).
Defendant was sentenced to eight years in prison on the auto theft count, which was calculated as follows: the middle term of three years, doubled because of the strike prior, plus one year each for the two prison priors. Defendant was also sentenced to 90 days in county jail concurrent on the resisting arrest count. The court ordered defendant to pay fines and fees, including $3,435.25 in restitution to the owner of the car for lost revenue and property damage.
Defendant contends the prosecutor committed misconduct during her closing argument by telling the jury that the phrase â€
