P. v. Moreno
Filed 8/3/10 P.
v. Moreno CA5
NOT TO BE PUBLISHED IN OFFICIAL REPORTS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opinion has not been certified for publication or ordered published for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
FIFTH APPELLATE DISTRICT
THE PEOPLE,
Plaintiff and Respondent,
v.
ANTHONY DELGADO MORENO,
Defendant and Appellant.
F057923
(Super. Ct. No. VCF218924)
O P I N I O N
THE COURT*
APPEAL from a judgment of the Superior
Court of Tulare
County. Paul Anthony Vortmann,
Judge.
Jonathan E. Berger, under appointment by
the Court of Appeal, for Defendant and Appellant.
Edmund G. Brown, Jr., Attorney General,
Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Senior
Assistant Attorney General, Lloyd G. Carter and Louis M. Vasquez, Deputy
Attorney Generals, for Plaintiff and Respondent.
-ooOoo-
Appellant,
Anthony Delgado Moreno, appeals from a jury conviction of attempted burglary, a felony (Penal
Code, §§ 664/459, count one),[1] and
impersonation of a police officer, a misdemeanor (§ 538d, subd. (b)(2), count
two). The court found, by that
conviction, Moreno had violated a prior three-year probation.[2] The court terminated
probation and imposed a five-year term for the prior convictions. The court imposed a concurrent one-year term
on the attempted burglary count, and a three-year term on the impersonation of
a police officer count.
On appeal, Moreno challenges the
sufficiency of the evidence to support the conviction on count two. Moreno also contends, and the People concede,
the three-year prison
impersonation count was unauthorized. We
conclude there was sufficient evidence for the jury to convict on impersonation
of a police officer, and affirm the judgment.
However, we remand for resentencing on that offense.
FACTS
On March 16, 2009, Roberto Rosales (Rosales) drove home
from work and saw Moreno attempting to unlock Rosales' car parked in the driveway. Moreno was using a tool resembling a â€
| Description | Appellant, Anthony Delgado Moreno, appeals from a jury conviction of attempted burglary, a felony (Penal Code, §§ 664/459, count one),[1] and impersonation of a police officer, a misdemeanor (§ 538d, subd. (b)(2), count two). The court found, by that conviction, Moreno had violated a prior three-year probation.[2] The court terminated probation and imposed a five-year term for the prior convictions. The court imposed a concurrent one-year term on the attempted burglary count, and a three-year term on the impersonation of a police officer count. On appeal, Moreno challenges the sufficiency of the evidence to support the conviction on count two. Moreno also contends, and the People concede, the three-year prison on the impersonation count was unauthorized. We conclude there was sufficient evidence for the jury to convict on impersonation of a police officer, and affirm the judgment. However, Court remand for resentencing on that offense. |
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