P. v. Nguyen
Defendant Lap Phuong Nguyen was convicted of receiving stolen property, unlawful acquisition of access card information, and vehicle burglary. On appeal, defendant challenges the sufficiency of the evidence supporting one of his convictions, and raises several sentencing-related issues.
We conclude there was sufficient evidence of vehicle burglary. Although mere possession of stolen property is not enough to support a conviction for burglary, defendant’s presence at the scene of the crime was sufficient corroborating evidence. We therefore affirm defendant’s conviction for vehicle burglary.
We agree that defendant is entitled to additional presentence custody credits, but because defendant’s crimes were committed before October 1, 2011, he is not entitled to accrue good conduct credits at the current rate specified in Penal Code section 4019, subdivision (f).
Defendant was ordered to pay restitution to two victims. We agree with defendant and the Attorney General that the award to one of those victims (Cindy Dang) must be stricken because her losses did not occur as a result of defendant’s criminal conduct; defendant was convicted of unlawful acquisition of Dang’s access card information, but was acquitted of burglarizing the vehicle from which Dang’s property was taken. We remand the matter to the trial court to conduct a restitution hearing as to the other victim (Giangtuyet Vu), to determine whether defendant’s criminal conduct was a substantial factor in causing her loss.
Finally, we reverse the restitution and parole revocation fines imposed by the trial court and direct the court to impose fines in the amount provided by statute at the time defendant’s crimes were committed.
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