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 This opinion has not been certified for publication or ordered published for purposes of rule 977.
John R. Hargreaves, under appointment by the Court of Appeal, for Defendant and Appellant.
Bill Lockyer, Attorney General, Mary Jo Graves, Chief Assistant Attorney General, Stan Cross, Assistant Attorney General, and John G. McLean, Deputy Attorney General, for Plaintiff and Respondent.
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Returning home one afternoon, a couple found their home â€
Description
Returning home one afternoon, a couple found their home "a complete disaster" with drawers pulled open and everything "dumped on the floor" and saw Eric Shannon Frazier and someone else fleeing through a window. A jury found Frazier guilty as charged of first degree residential burglary (SS 459, 460, subd. (a)), grand theft of personal property (S 487, subd. (a)), grand theft of a firearm (S 487, subd. (d)(2)), felon in possession of a firearm (S 12021, subd. (a)(1)), and felon in possession of ammunition (S 12316, subd. (b)(1)). The court imposed an aggregate 4 year sentence (the 4 year middle term on the first degree residential burglary and the 2 year middle terms stayed on each of the other crimes).
On appeal, Frazier raises two challenges to the judgment of conviction of grand theft of personal property (insufficiency of the evidence and ineffective assistance of counsel) and one challenge to the judgment of conviction of first degree residential burglary (worktime credit error). Court affirm the judgment.