P. v. Conant

Filed 2/26/08 P. v. Conant CA2/2

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION TWO

THE COURT:*

Benjamin Victor Conant, also known as Benjamin Sierra, appeals from the judgment entered following his convictions by jury of four counts of grand theft of personal property (Pen. Code, 487, subd. (a), counts 14).[1] The trial court sentenced him on count 1 to the midterm of two years and on each of counts 2 through 4, to one-third the midterm, or eight months, staying the sentences on counts 2 and 4 pursuant to section 654. It then suspended execution of sentence and placed appellant on three years formal probation.

Appellants convictions were based upon the following facts:

Simpson Performance Products (Simpson) manufactures safety equipment for car racers. Appellant worked for Simpson as the shipping manager since 1996.

In March 2005, it was discovered that a seller on eBay, using the screen name ALEXIS6ZAB006 (ALEXIS), was selling Simpson products, including a Simpson face shield and a red valor helmet worth $500 to $600, missing from the Texas plant. The user contact information for that screen name was Horatio Gamez.

Believing the items were stolen, Simpson had people purchase Simpson items from the ALEXIS seller, thereby learning that the sellers address was 12909 Halcourt Avenue, in Norwalk, appellants residence. This information was turned over to authorities.

In June 2005, a warrant was issued, and appellant was arrested and his home searched. Officers recovered a Simpson Helmet box, numerous Simpson jerseys, packaging material and two computers. The day of his arrest, appellant spoke with the police officers. He claimed he had borrowed the Simpson jerseys with permission, as he had in the past, to use for a Nascar party for his son. He denied knowing about the ALEXIS screen name. When appellant was told that the police had his address as the shipping address of the helmet, he said, I knew you knew it was me.

Appellant testified on his own behalf. He reiterated the story he told police regarding a Nascar party for his sons birthday. He also testified that he rented his garage to Horatio Gamez in 2004, a handyman, for $400 a month or, sometimes, jobs around the house. Appellant denied confessing that he had set up the ALEXIS account in Gamezs name, telling officers he stole from the company to make up for unpaid overtime, taking merchandise from Simpson and knowing Gamez had established an eBay account. Appellant testified that Gamez came to court with appellant on one occasion and told him that he would admit everything, but the case was dismissed at that time.

We appointed counsel to represent appellant on appeal. After examination of the record, counsel filed an Opening Brief in which no issues were raised.

On December 4, 2007, we advised appellant that he had 30 days within which to personally submit any contentions or issues which he wished us to consider. No response has been received to date.

We have examined the entire record and are satisfied that appellants attorney has fully complied with her responsibilities and that no arguable issues exist. (People v. Wende (1979) 25 Cal.3d 436, 441.)

The judgment is affirmed.

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS.

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* DOI TODD, Acting P. J., ASHMANN-GERST, J., CHAVEZ, J.

[1] All further statutory references are to the Penal Code unless otherwise indicated.