People v. Bohmwald CA2/2

Filed 6/10/21 P. v. Bohmwald CA2/2 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published, except as specified by rule 8.1115(b). This opinion has not been certified for publication or ordered published for purposes of rule 8.1115. IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA SECOND APPELLATE DISTRICT DIVISION TWO THE PEOPLE, B300413 Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA068119- v. 02) LINDSAY MILENA ANDRADE BOHMWALD, Defendant and Appellant. APPEAL from a judgment of the Superior Court of Los Angeles County. Bruce E. Brodie, Judge. Affirmed. Lori A. Quick, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Assistant Attorney General, Steven D. Matthews and Michael J. Wise, Deputy Attorneys General, for Plaintiff and Respondent. ****** A jury convicted Lindsay Milena Andrade Bohmwald (also known as Lindsay Bohmwald Andrade) (defendant) of receiving less than $950 of stolen property, a misdemeanor (Pen. Code, § 496, subd. (a)).1 On appeal, defendant argues that the trial court erred in not giving a pinpoint jury instruction on third party culpability in light of evidence that the passenger in the car defendant was driving also knew about the stolen property. This argument is without merit for numerous reasons, so we affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts Around 3:00 a.m. on the morning of May 1, 2007, defendant was driving with her girlfriend as a passenger, and was pulled over for having expired registration tags. The car was defendant’s. A search of the car revealed (1) various tools to commit auto burglaries (namely, wire cutters, a screwdriver and a variety of sockets) in the driver’s door panel and the area between the driver’s seat and the center console, (2) a stereo faceplate, keys to a Chevy, and an iPod on the passenger’s side floorboard, (3) a stolen disabled person parking placard, a pawn shop receipt, vehicle registrations for two other cars, and mail belonging to people other than defendant or her girlfriend in the glove compartment, and (4) a wallet containing defendant’s driver’s license and a work ID, her girlfriend’s ID and social 1 All further statutory references are to the Penal Code unless otherwise indicated. 2 security card, and eight to ten credit cards belonging to Pamela and Martin Griffiths, whose car containing those credit cards had been stolen five days earlier. At the scene, defendant told the police that all the items in the car belonged to herself or her girlfriend. When defendant was interviewed the next day by the investigating detective, she stated that (1) she knew the credit cards were stolen, (2) she had been given a backpack containing those cards five days earlier, but defendant did not want to “rat” out the person who had given her the backpack, and (3) she was “to blame for all …

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