P. v. Babiy
Filed 8/3/06 P. v. Babiy CA3
NOT TO BE PUBLISHED
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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
THIRD APPELLATE DISTRICT
(Sacramento)
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| THE PEOPLE, Plaintiff and Respondent, v. SEMEN SEMENOVICH BABIY, Defendant and Appellant. |
C048928
(Super. Ct. No. 04F04827)
|
A jury found defendant Semen Semenovich Babiy guilty of first degree burglary and receiving stolen property. Sentenced to state prison for four years, he appeals, claiming the evidence is not sufficient to support the verdicts. We disagree and shall affirm the judgment.
FACTS
On the evening of May 28, 2004, Brian Nunley was in his upstairs apartment when he heard voices he did not recognize screaming outside. According to Nunley, the voices were male and he heard a strong Russian accent among them. Nunley peeked over the wall of his balcony and saw three males about two or three feet from the front door of the apartment downstairs. He listened to the yelling for approximately 30 seconds, during which time he heard somebody scream, â€
