People v. Todd CA3

Filed 4/29/25 P. v. Todd CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE, C100921

Plaintiff and Respondent, (Super. Ct. No. 23CF04739)

v.

HOWARD MONROE TODD,

Defendant and Appellant.

Following a bench trial, the trial court found defendant Howard Monroe Todd guilty of burglary and misdemeanor resisting a peace officer. On appeal, defendant argues there was insufficient evidence to support a finding he had the specific intent required for burglary when he entered the victim’s house. We affirm. FACTUAL AND PROCEDURAL BACKGROUND Gina G. was out of town for work when she received a call from her neighbor about unusual activity at her house. At trial, the neighbor said he saw shopping carts in Gina’s front yard and moved them to the street because he knew Gina was out of town.

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The neighbor also saw a man in Gina’s front yard claiming to be looking for a bicycle and told him to leave. The neighbor finally decided to call Gina after seeing more carts and lights on in the house. Gina called the police about the suspicious activity and the police checked on her house but did not believe anybody was there. Gina testified she locked all of her doors and windows before going out of town. After that day, the neighbor parked his car in Gina’s driveway to deter people from coming to the house. Thereafter, the neighbor noticed lights on again and heard a man’s voice coming from inside the house. He then saw a group of people walk into Gina’s house. After hearing from the neighbor again, Gina called the police and Chico Police Officer Lindsay Stalnaker responded to Gina’s house. On arrival, Officer Stalnaker was told by someone leaving the home that there were more people and dogs inside. Officer Stalnaker called for the individuals to leave the home through her car’s intercom. The situation eventually escalated to defendant screaming obscenities at officers through the front door, statements claiming it was his home, and assertions he had squatter rights. After a standoff of approximately nine hours, police entered the home and arrested defendant who was hiding under a bed. Gina walked through the house afterwards and described it as “unrecognizable” and “filthy” in comparison to the “neat and tidy” condition from when she had left. Gina testified to seeing rotting food, drug paraphernalia, and urine and feces in her home. She also testified to seeing several items missing from the house such as jewelry, fishing poles, a snowboard, and a tool set. At trial, defendant testified he lived as a transient and came across a house he believed to be abandoned. The mailbox was full, there were unraked leaves in the driveway, and no one answered the door after several days of knocking. Because of this, defendant jumped over the fence into the backyard and claimed to go through an unlocked back door. Defendant planned to see if taxes were owed on the property but never got the opportunity before his arrest. Defendant used Gina’s utilities such as water,