Opinion
D041313.
10-23-2003
THE PEOPLE, Plaintiff and Respondent, v. RUSSELL MEZA, Defendant and Appellant.
A jury convicted Russell Meza of grand theft. (Pen. Code, § 487, subd. (a).) The court suspended imposition of sentence and placed him on three years probation, including a condition he serve 240 days in custody.
FACTS
Kevin Summers is the owner of K.S. Motor Sports, a business that builds off-road race trucks. It is one of several automotive-related businesses located at a business complex on Greenfield Drive in El Cajon. At night, the parking area was usually full of cars being worked on by various businesses of the complex. After property had been vandalized and stolen, Summers installed a surveillance camera in his business.
On the night of December 3 or 4, 2001, Summers parked in the yard and stayed in his car to personally observe the parking lot. At one point, Summers saw a man he identified as Meza standing outside his vehicle. The man stared at him, walked away and began placing items in a pile near a Volkswagen bug. The items Meza was carrying appeared to be heavy. After disappearing from Summerss view, Meza reappeared near Summerss car. Summers then saw Meza get into the passenger seat of a white Chevrolet truck that drove to the pile. Summers could hear the sound of items being loaded into the truck.
When the truck departed, Summers unsuccessfully tried to get a license plate number. Summers called the sheriffs office but they were unable to assist because he did not have a license plate number. Summers drove around the area and saw the truck near another nearby complex. The truck left fast. Summers followed and obtained a partial license plate number. Summers took a Polaroid photo that shows the truck driver apparently wearing sunglasses and a ski mask.
A white or light-colored truck and a person walking in the yard were both visible on a videotape from Summerss surveillance camera.
Aaron Eib was the manager of C.M.C. Custom Cars, a business in the same complex as K.S. Sports. C.M.C. stored several cars and rims in the yard outside the shop. Around December 3, 2001, a short block that belonged to C.M.C. was missing. The block was stored in a Volkswagen in the yard outside the shop. Several rims and parts were also missing. Eib testified he had prior felony convictions including one theft conviction.
The owner of C.M.C. testified his business does not place heavy metal items or tires in the dumpster on the property because it is illegal.
Sheriffs Deputy, Kenneth Nelson, traced the partial license plate number Summers provided to a white Chevrolet pickup truck registered to a Mr. Griffith in Lakeside. Nelson went to the Griffith home and found the stolen short block. Eib was able to identify the short block based on cutting marks and C.M.C. stamps on the metal.
A defense investigator testified he photographed an engine in a dumpster in the complex on Greenfield. The truck owners daughter, Jill Griffith, testified that she lives with Meza. During the period of time of the alleged theft, she and Meza collected wood and other objects from dumpsters, including the one at the Greenfield complex. She admitted that on the night of the incident, she and Meza had been at the Greenfield complex and that Meza had retrieved various items from the dumpster. She denied owning a ski mask and stated she was not wearing sunglasses during the night of the incident.
Griffith testified she and Meza had obtained the short block from a dumpster at a complex on Magnolia Street in November 2001. Deputy Nelson testified he had investigated a business complex on Magnolia and had found no automotive-related business at the complex.
DISCUSSION
Appointed appellate counsel has filed a brief setting forth the evidence in the superior court. Counsel presents no argument for reversal but asks this court to review the record for error as mandated by People v. Wende (1979) 25 Cal.3d 436. Pursuant to Anders v. California (1967) 386 U.S. 738, counsel refers to as possible but not arguable issues: (1) whether the trial court erred in allowing the parties to play only a portion of the surveillance videotape; (2) whether the trial court erred in limiting cross-examination of prosecution witness Eib; (3) whether the trial court erred in denying a defense motion for a mistrial; (4) whether the trial court erred in discouraging the jury from requesting read backs of testimony; and (5) whether the trial court erred in including CALJIC No. 17.41.1 in pretrial instructions to the jury.
We granted Meza permission to file a brief on his own behalf. He has not responded. A review of the entire record pursuant to People v. Wende, supra, 25 Cal.3d 436, including the possible issues referred to pursuant to Anders v. California, supra, 386 U.S. 738, has disclosed no reasonably arguable appellate issue. Competent counsel has represented Meza on this appeal.
DISPOSITION
The judgment is affirmed.
WE CONCUR: McCONNELL, P. J., and HUFFMAN, J.