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The People v. Ramiro Guzman Castrejon

October 31, 2012

THE PEOPLE, PLAINTIFF AND RESPONDENT,
v.
RAMIRO GUZMAN CASTREJON, DEFENDANT AND APPELLANT.



(Super. Ct. Nos. MF031299A, MF033151D)

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

P. v. Castrejon

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NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.

In case No. MF033151D, a jury convicted defendant Ramiro Guzman Castrejon of first degree burglary. In bifurcated proceedings, the court found a strike prior and a prior felony conviction allegation to be true.

Sentenced to state prison, defendant appeals, contending insufficient evidence supports his conviction because the accomplice testimony was not corroborated.*fn1 Based on the record, we conclude that the accomplice testimony was corroborated. Accordingly, we affirm the judgments.

FACTS

Accomplices

Charged with the same burglary as defendant, Zolica Rankin, Alyssa Rankin, and Celina Navarro all entered negotiated pleas to the reduced charge of misdemeanor receiving stolen property on the condition that they testify truthfully at defendant's trial. They also were granted probation with no jail time.

Accomplice Testimony

The three accomplices testified to substantially the same facts as follows: On the morning of April 21, 2010, defendant arrived at the Rankin home in Lathrop seeking a ride to his unnamed friend's house in Manteca because he needed to obtain some items. Zolica Rankin drove defendant to Manteca. They were accompanied by Alyssa Rankin, who was defendant's friend, and Celina Navarro, who was Alyssa's friend. Following defendant's directions, they arrived at a residence in Manteca and everyone stayed in the car except for defendant who approached the front door. About 15 minutes later, defendant returned with a bag of things and put them in the car. Defendant returned to the house claiming he had forgotten something. About 11:00 a.m., a man in a white pickup truck pulled into the driveway. The man got out and went inside the house. Defendant ran off and jumped a fence. Zolica drove away from the house and tried to find defendant. They saw him running and Zolica pulled into an apartment complex to pick him up. Defendant ran off again when the man in the white pickup truck blocked Zolica's car, got out, and claimed they had burglarized his house, threatening to call the police. Zolica or Alyssa returned the man's bag of property. Shortly thereafter, the police arrived. All three accomplices were arrested and charged with burglary. Zolica and Alyssa cooperated with the police and gave statements. Celina lied to an officer when she was arrested, claiming she had never been arrested and was not on probation. In fact, Celina had a prior misdemeanor conviction.

Victim's testimony

Vern Millard arrived at his home in his white pickup a few minutes after 11:00 a.m. planning to check on his sick dog. He noticed an old Acura with mismatched parts parked in front of his house. He did not notice anyone inside of it. After parking his truck in the driveway, he opened the locked front door of the house and walked inside. His dog ran by him and out the front door. The door in the kitchen leading to the garage was open. The door in the garage leading to the outside was open as well. Millard found one of his kitchen knives in the garage. Millard checked the master bedroom and discovered that it had been ransacked. Items were missing including a Playstation and some games. Thirty seconds later, Millard went out front and saw the Acura down a block or two, driving away. Millard got into his truck and followed. He found the Acura pulling into an apartment complex to pick up a young Hispanic man who had been running down the street. When Millard blocked the Acura with his truck, the Hispanic man fled. Then three young Hispanic women got out of the Acura and started to flee as well. Millard yelled that he had been burglarized and the women stopped. The driver got in and started the car but was blocked in and could not leave. The driver then returned his ...


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