California Court of Appeal

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People v. Cuellar, C056855

Conviction for burglary, uttering a fictitious check, grand theft, robbery, resisting arrest, unlawfully driving or taking a vehicle, and exhibiting a deadly weapon other than a firearm, is affirmed as modified to stay the sentence on one count where: 1) there was sufficient evidence for a reasonable jury to find defendant guilty of grand theft from the person; 2) grand theft from the person of another requires that the item taken have some intrinsic value; 3) a jury could reasonably infer that a phony check had intrinsic value; 4) defendant's right to counsel was not violated by the admission of a jailhouse confession; 5) defendant forfeited a claim that an officer violated his right to counsel; 6) an ineffective assistance of counsel claim regarding a failure to object failed; 7) trial counsel was not ineffective for failing to object to hearsay testimony at trial; and 8) trial court erred in failing to stay punishment for one count under Penal Code section 654.

Appellate Information

  • Decided 07/31/2008
  • Published 07/31/2008

Judges

  • ROBIE, J.

Court

  • California Court of Appeal

Counsel

  • For Appellees:
  • Randy S. Kravis, Santa Monica, 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, Julie A. Hokans, Supervising Deputy Attorney General, for Plaintiff and Respondent.
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