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The People v. Emilio Navarro Velazquez

August 15, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EMILIO NAVARRO VELAZQUEZ, DEFENDANT AND APPELLANT.



(Super. Ct. No. CR50025-2)

The opinion of the court was delivered by: Blease , Acting P. J.

P. v. Velasquez

CA3

NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Emilio Navarro Velazquez was convicted by a jury of receiving stolen property (Pen. Code, § 496) and was sentenced to state prison for the middle term of two years.*fn1

On appeal, defendant contends (1) the evidence is insufficient to support his receiving stolen property conviction, and (2) he is entitled to additional presentence conduct credits. We reject defendant's first contention. As to the second claim, we shall remand the matter to the trial court for further consideration as to defendant's eligibility for the new conduct credits.

FACTS

In October 2008, Donald Rauch was an electrician living in a trailer in the town of Williams in Colusa County. Near the alley behind his trailer Rauch had a large spool of heavy-gauge wire cable. There was approximately 900 feet of cable on the spool, and the cable and spool weighed about 1,000 to 1,500 pounds. The cable was generic; however, it was not in general use by electricians in the county.

On October 29, around 10:00 p.m., Rauch returned home, parked his pickup next to the spool, and went into his trailer. When Rauch got up the next morning, he discovered the cable was missing from the spool. Rauch traced drag marks from the spool for about 200 feet down the alley where the drag marks ended and tire marks began. Rauch called the police.

Officer David Sores responded to Rauch's call, arriving at Rauch's trailer about 8:30 a.m. Rauch showed him the spool, the drag marks, and the tire marks. Based upon "some information" that Officer Sores received, he drove to defendant's residence, which was about one mile from Rauch's trailer. As Officer Sores drove by defendant's residence, he saw a pickup with defendant and the co-defendant behind it doing something with their hands.

Because Officer Sores knew from past experience that defendant spoke mostly Spanish, he drove around the corner and called for Officer Daniel Mata, who spoke Spanish. Officer Mata arrived about five minutes later and the two contacted defendant and the co-defendant. Behind the pickup was copper wire which had been stripped of its sheathing.

Officer Mata asked defendant what he was doing, and defendant responded that he was "cutting the rubber off" the wire. Defendant said that he had loaned the pickup to a friend, one Surilio, the previous night and that when Surilio returned the pickup in the morning, the wire was in it. Defendant did not know Surilio's last name, he did ...


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