(Super. Ct. No. 09SCR05727)
The opinion of the court was delivered by: Mauro, J.
California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.
Defendant Sean Anthony Prior was convicted of receiving stolen property and possession of a short-barreled shotgun. He was placed on probation for three years with 360 days in jail.
Defendant contends on appeal that his trial counsel rendered ineffective assistance when he did not object to the admission of defendant's probation order for a prior controlled substance conviction.
We conclude that even if trial counsel's failure to object was deficient, there is no reasonable probability that exclusion of the probation order would have yielded a more favorable result for defendant. The jury acquitted defendant of burglary, indicating that it was performing its duties without bias or prejudicial effect. Moreover, defendant's fingerprints were on an item of stolen property, and a witness saw him holding the shotgun.
We will affirm the judgment.
On November 15, 2007, Deputy Dicharry and Detective Felton were dispatched to William Jarman's residence in Willows following a report of a burglary. William*fn1 said that among the stolen items were 20 guns, a gun cabinet, ammunition, a tool box full of tools, and flashlights. William's sister, Rebecca, gave the deputies information on each of William's firearms.
While speaking with a neighbor, Detective Felton saw a pickup truck drive by and recognized the driver as A.J. Urrutia. Based on numerous prior contacts including an arrest, Felton knew that Urrutia was on searchable probation. Felton thought it was odd that Urrutia would be in the area. Felton made an enforcement stop of the truck to do a "probation compliance check" on Urrutia.
Detective Felton identified defendant as the passenger in the truck and searched the truck's interior. Underneath clothing behind the passenger seat, Felton found a pistol that was accessible to defendant. The pistol was on Rebecca's list of missing firearms. A further search of the truck revealed four 12-gauge shotgun shells.
Urrutia told Detective Felton that the gun cabinet and remaining firearms were at the Willows residence of his girlfriend, Guadalupe Vasquez. When Felton arrived at her residence, Vasquez gave written consent for Felton and accompanying deputies to search her residence and seize the property taken from the Jarman residence. Vasquez explained that defendant brought the property to her residence the previous evening and told her he needed a place to store it. The deputies seized the gun cabinet, firearms, ammunition and tools. William later verified that the recovered items had been taken from his residence.
Defendant told Detective Felton that Urrutia tried to sell him the firearm located behind the truck seat, but defendant denied any knowledge of the other stolen property. Defendant admitted that the shotgun shells and clothing in the truck belonged to him. He said he never saw the gun cabinet and had never been to the Jarman residence. However, a latent print examiner testified that he found 22 ...