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The People v. Steven Paul Pacheco

October 30, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
STEVEN PAUL PACHECO, DEFENDANT AND APPELLANT.



(Super. Ct. No. MF033028A)

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

P. v. Pacheco 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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

A jury convicted defendant Steven Paul Pacheco of being a convicted felon in possession of a firearm (former Pen. Code, § 12021, subd. (a)*fn1 [now § 29800, subd. (a)]--count 5), being a convicted felon in possession of ammunition (former § 12316, subd. (b)(1) [now § 30305, subd. (a)]--count 6), assault with a firearm (§ 245, subd. (a)(2)--count 9) and three counts of home invasion robbery in concert (§ 211--counts 1 (Charles McFerren), 2 (Wanda McFerren), 3 (Erica McFerren)).*fn2 The jury found numerous firearm enhancements to be true (§§ 12022.53, subds. (b), (c)), 12022.5, subd. (a)).*fn3

Sentenced to state prison for a term of 36 years eight months, defendant appeals, contending insufficient evidence supports his conviction on counts 3 (robbery of Erica), 5 and 6. We shall affirm the judgment.

FACTUAL BACKGROUND

About 5:00 a.m. on June 26, 2010, Charles woke up on the living room sofa in his home in Manteca and walked towards the bathroom when he was accosted at gunpoint by a man, later identified as defendant, wearing dark clothes, a ski mask, and gloves. Charles grabbed defendant by the throat and pinned him against the wall. Another man, thinner than defendant and also wearing a ski mask and gloves, pointed a gun at Charles's head and threatened to kill him if he did not release defendant. Charles did so and was ordered to the floor. As Charles started to get down, he was kicked by both men who were then approached by the family dog. Charles's spouse, Wanda, who had also fallen asleep in the living room, woke up. Wanda was ordered to put the dog outside or the dog would be shot. After she did so, the men ordered the McFerren couple onto the living room floor. Defendant asked whether there were others in the house. Charles denied it but defendant ran up the stairs to the room of the couple's daughter, Erica, while the thinner man held the couple at gunpoint.

Antonio Jose Bettencourt, Erica's then boyfriend, came out of Erica's room and defendant ordered him to the floor.*fn4 Bettencourt smirked as he did so. Defendant than ran downstairs and started to go through the kitchen drawers.

Bettencourt knew that Wanda kept her jewelry in the kitchen and that Charles kept cash in a wine box referred to as the "globe." At the time of the robbery, Charles had about $5,000 in the globe.

Defendant asked whether there was more cash in the house and told the thinner man to shoot Charles if he did not answer. Charles faked a heart attack and the thinner man told defendant to hurry. Bettencourt then informed the thinner man, " 'You guys got company coming.' "

The thinner man ran out the front door and fired his gun. Defendant asked Wanda where her rings were. She had hidden them under a cushion. Defendant took a necklace Wanda was wearing. In response to defendant's demand for jewelry and his wallet, Charles showed defendant that he did not have any money in his wallet and defendant grabbed several cards. Defendant ran out the front door and Charles gave chase. Charles noticed that defendant's mask was on top of his head, his face was exposed and that he was carrying a black backpack. When defendant reached a corner, he turned and fired his gun at Charles who jumped in the grass behind a tree but was undeterred in his pursuit.

Shortly thereafter, police officers stopped defendant who had thrown a handgun onto the ground and was taking off his right-hand glove. He was wearing black clothing and had a beanie with two holes cut out of it covering his forehead. He was carrying a black backpack.

Charles turned onto the street where officers had stopped defendant and saw officers put ...


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