People v. Finan CA2/5

California Court of Appeal Mar 10, 2025 No. B334920Unpublished

Filed 3/10/25 P. v. Finan CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B334920

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA108408) v.

JEFFERY MICHAEL FINAN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Christopher W. Dybwad, Judge. Affirmed.

Steven S. Lubliner, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Susan Sullivan Pithey, Senior Assistant Attorney General, Idan Ivri, Supervising Deputy Attorney General, and Melanie Dorian, Deputy Attorney General, for Plaintiff and Respondent.

****** Jeffery Michael Finan (defendant) appeals from his conviction of first degree burglary, arguing that the trial court erred in not instructing the jury on the lesser-related offense of criminal trespass. Applying People v. Birks (1998) 19 Cal.4th 108 (Birks), the trial court committed no error. Defendant invites us not to apply Birks to his case, even though it is binding precedent. We decline the invitation, and affirm. FACTS AND PROCEDURAL BACKGROUND I. Facts In June 2023, Carolyn H., her husband, and their three children lived in a gated house in Los Angeles.1 In the early morning hours of June 6, 2023, defendant scaled the wall surrounding the house and entered the house from the backyard through a sliding glass door. When Carolyn spied defendant pick up and examine her husband’s laptop while standing in their living room, she quietly alerted her husband, and they gathered up the children and silently retreated to a bedroom in the back of the house, called