People v. Patrick CA3

Filed 10/17/24 P. v. Patrick CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C098300

Plaintiff and Respondent, (Super. Ct. No. 62172840)

v.

ALLEN DEWAYNE PATRICK,

Defendant and Appellant.

After a jury found Allen Dewayne Patrick guilty of multiple crimes, including first degree burglary, the trial court found true the allegations that he had two prior felony convictions implicating both the alternative sentencing scheme of the “Three Strikes” law (Pen. Code,1 §§ 667, subds. (b)-(i), 1170.12) and section 667, subdivision (a)’s

1 Undesignated statutory references are to the Penal Code.

1

requirement of a five-year enhancement for each of those prior offenses. The trial court later declined to strike those felony convictions or dismiss the five-year enhancements and imposed an aggregate term of 35 years to life in prison. On appeal, Patrick contends the trial court abused its sentencing discretion. These claims are forfeited on appeal because Patrick did not raise them in the trial court. Accordingly, we affirm. BACKGROUND In May 2020, Patrick entered an occupied hotel room and knocked on the bathroom door. The man inside the bathroom responded, “Ok,” believing his friends had just returned to the room with food. When the man exited the bathroom minutes later, he was surprised to see a semi-naked Patrick watching television in bed. The man’s friends had arrived too, and they asked who Patrick was, but the man replied he did not know. He told Patrick to leave, but Patrick said to wait because two women were coming. The man insisted Patrick leave and after pulling up his pants, Patrick left. After noticing that two cell phones and car keys were missing from the room, the man went looking for Patrick and confronted him at the elevator in the hallway. Patrick insisted he did not have the property, although it was visible in his hand. Patrick eventually threw the phones and keys at the man, indicated he wanted to fight, and tried to punch him. When the man punched back, Patrick fled and forced his way into a nearby hotel room by pushing his hands into the chest of a guest who had opened the door because he heard screaming in the hallway. Minutes earlier, Patrick had knocked on that same door and unsuccessfully tried to get the guest to leave the room. Patrick indicated to the police officer who arrested him that his plan was to convince guests to leave their rooms so that he could take their belongings. He also admitted that methamphetamine found in the officer’s patrol car was his. A jury found Patrick guilty of first degree burglary (§ 459), attempted first degree burglary (§ 664/459), misdemeanor battery (§ 242/243, subd. (a)), and misdemeanor possession of a controlled substance (Health & Saf. Code, § 11377). Later, the trial court