P. .v Guiba
Appellant Artemio Guiba, Jr., was charged by information with one count of second degree commercial burglary (Pen. Code,[1] §§ 459/460, subd. (b)) and one count of petty theft with a prior. (§§ 484, 666.) The information further alleged that appellant had suffered a prior strike conviction (§§ 667, subds. (b)-(i),1170.12, subd. (a)-(d)) and four prior prison term enhancements.[2] (§ 667.5, subd. (b).) A jury found appellant guilty of both second degree commercial burglary and petty theft with a prior, and the trial court found the prior conviction allegations to be true. On June 12, 2009, the court denied appellant probation and sentenced him to a total term of four years, eight months in state prison. The court imposed the term of two years, eight months on the burglary count and two consecutive one-year terms for the prior prison terms. On appeal, appellant contends there is insufficient evidence to support a finding of asportation because he did not divest the store of possession of the property. Court disagree and will affirm.
Comments on P. .v Guiba