P. v. Singh
Filed 2/5/07 P. v. Singh 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 977.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. RANJESH SINGH, Defendant and Appellant. | C050430 (Super. Ct. No. 04F08685) |
A jury convicted defendant Ranjesh Singh of one count of car burglary (Pen. Code, § 459; unspecified section references that follow are to the Penal Code) and two counts of receiving stolen property (§ 496, subd. (a)). The jury was unable to reach a verdict on a third charge of receiving stolen property and that count was subsequently dismissed. The trial court found a charged prior felony conviction to be true, and sentenced defendant to an aggregate prison term of four years.
On appeal, defendant contends (1) there is insufficient evidence to support his convictions and (2) the prosecutor engaged in misconduct in closing argument. Neither claim has merit, and we therefore affirm the judgment.
Facts and Proceedings
This case involves defendant and two cohorts, Jason Prasad and Surjeet Parhar. The evidence at trial revealed the following:
Early one Saturday morning, Linda W. looked out of her apartment window and noticed a blue convertible driving slowly in the parking lot. On at least four occasions over the previous month, she had seen three men sitting in this car in the parking lot. She was suspicious and watched while the car parked. She could see three occupants, two in the front seat and one in the back. When she saw the occupants get out of the car and walk toward the apartment building, she stopped watching. She did not have a good view of the men, but thought they were 25-35 years old with dark complexions.
About 10 minutes later, Linda went to the stairwell landing to check on the situation. She saw someone breaking into her SUV.
Linda alerted her husband, Larry, who ran out of the apartment, calling 911 as he went. He saw two men in the convertible, the driver and a passenger in the rear seat. The men were in their 20's, had dark complexions, and short hair. He thought they might be Mexican. Linda, who was watching from upstairs, saw the driver look toward her window and heard him yell something to the effect of â€