People v. Gray

Filed 3/12/25 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (Placer) ----

THE PEOPLE, C099048

Plaintiff and Respondent, (Super. Ct. No. 62-177455B)

v.

DAVID WAYNE GRAY,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Placer County, Jeffrey Penney, Judge. Affirmed.

William Safford, under appointment by the Court of Appeal, for Defendant and Appellant.

Rob Bonta, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Kimberley A. Donohue, Assistant Attorney General, Julie A. Hokans and Galen N. Farris, Deputy Attorneys General, for Plaintiff and Respondent.

1

A jury found defendant David Wayne Gray guilty of second degree burglary of a vehicle, attempted second degree burglary of a vehicle, conspiracy to commit theft, vandalism, and possession of burglar’s tools. The trial court sentenced Gray to an aggregate term of five years four months. On appeal, Gray argues there was insufficient evidence to convict him of second degree burglary of a vehicle and attempted second degree burglary of a vehicle. We will affirm the judgment. FACTUAL BACKGROUND Early one morning in January 2021, Gray and an accomplice stole several rolls and spools of wire out of the secured rear cargo area of M.E.’s pickup truck. The truck was similar to a service truck and the rear cargo area of the truck had a utility body. The sides of the utility body were made of metal compartments. The top of the utility body had a solid deck, which M.E. installed to prevent theft. Two side-by-side doors enclosed the rear cargo area of the truck. A gate hasp, similar to a gate latch, was welded into the truck itself and pinned the doors into the tailgate. A lock secured the doors. M.E. stored several rolls and spools of wire, which were essential for his work as an electrician, in the back of his truck. The night before, M.E. had locked the truck doors and the side compartments. Gray and his accomplice used a tool to cut the gate hasp and the lock to access the back of M.E.’s truck. Later that day, Gray and his accomplice attempted to steal items out of S.S.’s truck, which S.S. also used for his work as an electrician. Side-by-side utility bins, which stored tools and materials for S.S.’s work, formed the sides of the truck bed. One bar, locked with a padlock, secured all the bins, and each bin was also individually locked. Gray and his accomplice used a tool to cut the padlock on the bar to access the bins, but nothing was stored in the truck that day.