P. v. Aboupha
Filed 8/16/06 P. v. Aboupha CA5
NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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
FIFTH APPELLATE DISTRICT
| THE PEOPLE, Plaintiff and Respondent, v. LITHSAMONE XAYABOUPHA, Defendant and Appellant. |
F047837
(Super. Ct. No. 1071516)
OPINION |
THE COURT*
APPEAL from a judgment of the Superior Court of Stanislaus County. Loretta Murphy Begen, Judge.
Robert L.S. Angres, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Robert R. Anderson, Chief Assistant Attorney General, Mary Jo Graves, Assistant Attorney General, Lloyd G. Carter and Shannon C. Pell, Deputy Attorneys General, for Plaintiff and Respondent.
-ooOoo-
A jury convicted Lithsamone Xayaboupha (defendant) of automobile theft (Veh. Code, § 10851; count 1) and receiving a stolen vehicle (Pen. Code,[1] § 496d; count 2). The court further found that defendant had suffered a prior strike conviction (§§ 667, subd. (d), 1192.7, subd. (c)) and a prior prison term (§ 667.5, subd. (b)). The court sentenced defendant to a total prison term of five years. On appeal, defendant contends the court prejudicially erred by permitting the prosecutor to lower the burden of proof in rebuttal argument. Finding no reversible error, we affirm the judgment.
FACTS
On February 21, 2004, around 10:00 a.m., Teodora Cervantes discovered her 1991 Honda Accord was missing from the parking lot of her apartment building in Oakdale, California. She had parked the car around 8:00 p.m. the night before and had not given anyone permission to take the car.
On February 21, 2004, around 9:30 p.m., a police officer saw the Honda parked on the 700 block of South Madison in Modesto. He checked the license plate and discovered the Honda was stolen. As he was setting up surveillance of the car, two people got into the Honda and drove away.
Officers in an unmarked patrol vehicle pursued the Honda for approximately two minutes through residential streets. The officers turned on their lights and siren to try to make a traffic stop. Although it did not speed, the Honda ran several stop signs and finally stopped when it reached a dead-end street. Defendant, the driver, was taken into custody at gunpoint. Defendant's passenger was identified as Chevonne Savraejae.
One of the officers retrieved a set of eight keys from the car. The key that was in the ignition was a â€
