P. v. Johnson

Filed 6/27/06 P. v. Johnson CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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

APPEAL from a judgment of the Superior Court of Los Angeles County, James R. Dabney, Judge. Affirmed.

Jean Ballantine, under appointment by the Court of Appeal, and William Robert Johnson, in pro. per., for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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INTRODUCTION

Defendant William Robert Johnson appeals from a judgment of conviction entered after a jury found him guilty of first degree burglary (Pen. Code, § 459) and grand theft (id., § 487, subd. (a)). Following his conviction, the trial court found true the allegations defendant had a prior serious felony conviction (id., §§ 667, subds. (a), (b)-(i), 1170.12) and served two prior prison terms (id., § 667.5, subd. (b)). The court sentenced defendant to the low term of two years―doubled to four years under the two strikes law―on the burglary, stayed sentence on the grand theft conviction under Penal Code section 654, imposed a five-year enhancement for defendant's prior serious felony conviction, and struck the prior prison term enhancements, for a total state prison term of nine years.

On appeal, defendant claims instructional error and insufficiency of the evidence. We affirm.

FACTS

Alejandro Hernandez (Hernandez) hired Rene Williams' (Williams) cleaning company to clean his Santa Monica townhouse to prepare it for sale. On the morning of July 10, 2005, defendant, who worked for Williams as a supervisor, and the two employees he was supervising went to Hernandez's townhouse to clean it. Defendant arrived in one van, which he parked in the alley behind the townhouse, and the other employees arrived in a second van, which they parked in front of the townhouse.

The townhouse had multiple levels. The basement level contained a garage and a hallway leading into the townhouse, with a bathroom off the hallway. Hernandez had stored most of his possessions in the garage so the townhouse could be shown clean and uncluttered. The garage was very full. Hernandez placed a sign by the door to the garage saying, â€