P. v. Lee

Filed 6/7/06 P. v. Lee CA3

NOT TO BE PUBLISHED

California Rules of Court, rule 977(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 977(b). This opinion has not been certified for publication or ordered published for purposes of rule 977.

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

THIRD APPELLATE DISTRICT

(Glenn)

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A jury convicted defendant Leng Lee of two counts of second degree burglary (Pen. Code, §§ 459, 460, subd. (b); counts one and two)^[1], grand theft auto (§ 487, subd. (d)(1); count three), and possession of a firearm by a convicted felon (§ 12021, subd. (a)(1); count four). Defendant admitted a March 2001 first degree burglary strike allegation. (§§ 667, subds. (b)-(i), 1170.12.) He was sentenced to state prison for 10 years, consisting of six years (twice the upper term) on count one plus three consecutive terms of 16 months (two-thirds the middle term) on counts two, three and four.

On appeal, defendant contends (1) the evidence corroborating the accomplice testimony was insufficient, and (2) the upper term of imprisonment was imposed in violation of Blakely v. Washington (2004) 542 U.S. 296 [159 L.Ed.2d 403]. We shall affirm the judgment.

FACTS

Prosecution case-in-chief

On November 28, 2004, Steve Scalvini, the owner of a tire shop in Willows, was notified that a lock had been cut on the back gate of his business and that a car later identified as a dark green Lincoln had been taken from behind the gate. When he arrived at the shop, he found that the circuit breaker on the outside of the building had been turned off. Scalvini also found that four guns were missing from inside the business.

That same day, some time after the tire shop burglary, Glenn County Deputy Sheriff Todd James responded to a burglar alarm at the Westside Outdoorsman in Willows. As he approached the scene, he saw a Lincoln driving away. James observed two occupants inside the Lincoln, and he â€