P. v. Gonzalez CA4/2
A jury convicted defendant and appellant, Miguel Angel Gonzalez, of residential burglary (count 1; Pen. Code, § 459), two counts of petty theft (counts 2-3; § 488), and possession of stolen property (count 4; § 496, subd. (a)). Defendant admitted suffering a prior prison term (§ 667.5, subd. (b)), a prior serious felony (§ 667, subd. (a)), and a prior strike conviction (§§ 667, subds. (c), (e)(1), 1170.12, subd. (c)(1)). The court sentenced defendant to an aggregate term of nine years of imprisonment.
On appeal, defendant contends the court erred in admitting the testimony of the victim of a 2014 residential burglary committed by defendant, for which he was convicted, for purposes of proving identity, intent, lack of mistake, and/or common plan pursuant to Evidence Code section 1101, subdivision (b). The People maintain the evidence was properly admitted on the issue of intent and harmless for any other purpose. We affirm.
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