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The People v. Edwin Lamar Hood

December 21, 2011

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
EDWIN LAMAR HOOD, DEFENDANT AND APPELLANT.



(Super. Ct. No. SF114579A)

The opinion of the court was delivered by: Mauro , J.

P. v. Hood

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 Edwin Lamar Hood was convicted of receiving stolen property (a motor vehicle) and sentenced to prison. He contends on appeal that (1) his conviction is not supported by sufficient evidence, and (2) the trial court erred in instructing the jury on consciousness of guilt.

We conclude (1) there is sufficient evidence for reasonable jurors to find that defendant received the car from his cohorts with knowledge that it was stolen, and that he had a measure of control over the car; and (2) the trial court's instruction on consciousness of guilt was supported by Detective Nhem's testimony and defendant's inconsistent statements.

We will affirm the judgment.

BACKGROUND

Brandon Buckley and his fiancee, Robin Carter, lived in Stockton and owned a 1984 Oldsmobile Delta 88. On April 12, 2010, at 7:15 a.m., Carter discovered that the Oldsmobile had been stolen. Buckley called the police.

Stockton Police Officer Steven Williams received the dispatch that a white 1980's Oldsmobile had been stolen from the area. Five minutes later, while Williams was driving southbound on Davis Road, he saw an Oldsmobile that matched the broadcast description approaching from the opposite direction. As Williams passed the Oldsmobile, its four occupants ducked down. Williams described the four occupants as Black males.

Williams made a U-turn and, having lost sight of the car, began to check the area. Williams sent a message to Detective Nhem of the Delta regional auto task force and continued his search.

Detective Nhem testified that he received Officer Williams's message around 9:15 a.m. Driving an unmarked car, Nhem began checking the area for the white Oldsmobile. Within about five minutes, Nhem found the Oldsmobile as it was being backed into the driveway of a residence. The driver, a Black male, was the sole occupant. Nhem drove past the Oldsmobile and made a U-turn. When he passed the car a second time, it was unoccupied. Nhem parked around the corner and waited. Officer Williams parked his marked patrol car nearby.

About six minutes later Detective Nhem saw the Oldsmobile, now occupied by three Black males, drive away. Nhem followed the car and advised Officer Williams that it was in motion. The Oldsmobile made a couple of turns and was about to enter a court that contained multiple duplex housing units. Not wanting the car to reach a residence, Nhem activated his blue and red lights. The Oldsmobile immediately ...


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