People v. Kidd CA1/2

Filed 8/26/25 P. v. Kidd CA1/2 NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FIRST APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE, Plaintiff and Respondent, A171307 v. WILLIAM EMIL KIDD, IV (Lake County Super. Ct. No. CR966266A) Defendant and Appellant.

Defendant William Emil Kidd appeals from a judgment after a jury convicted him of second degree burglary (count 1; Pen. Code, § 4591) and receipt of stolen property (count 2; § 496, subdivision (a)). His appointed counsel filed a brief pursuant to People v. Wende (1979) 25 Cal.3d 436. Kidd was informed of his right to file a supplemental brief, but he did not do so. Our independent review of the record revealed a potentially arguable issue about Kidd’s sentencing, and we ordered the parties to submit supplemental briefs, which they did. Both parties conclude there was no sentencing error, and we agree. We find no errors or other issues requiring further briefing. Accordingly, we affirm.

1 All statutory references are to the Penal Code.

1

BACKGROUND Kidd was charged in a first amended information with first degree burglary (§ 459) and receipt of stolen property (§ 496, subd. (a)), felonies. As to the burglary, it was alleged that on or about December 21, 2022, Kidd entered an inhabited dwelling house and trailer coach and inhabited portion of a building occupied by Robert and Ann Harper. As to the receipt of stolen property, it was alleged that on or about the same day he bought or received property exceeding $950 in value from Robert Harper, Ann Harper, Rodney Harper, and Walter White “specifically, tools, saddle and other property, which had been stolen and obtained by extortion, knowing the property to be stolen and obtained.” The information alleged various aggravating factors and that Kidd was not eligible for probation. Kidd was tried before a jury over the course of two days. On the first day, each counsel gave an opening statement, the prosecution put on its case, the defense put on its case and rested, and the prosecutor indicated there would be no rebuttal evidence. Prosecution Case Walter White is an in-law of Robert and Ann Harper and their son Rodney, and a sergeant in the Lake County Sheriff’s Office. White is familiar with the Harpers’ property, a 40-acre parcel on Cantwell Ranch Road known as the Ranch, which includes a main residence, and various outbuildings including a shop and barn. For the most part there is a fence around the property, and only one method of ingress, with a gate; the main residence is about two miles down a private road and is enclosed by a fence and gates. Ann and Robert Harper are elderly and have various ailments; they lived at the Ranch and also in a home down the road. The house is a “hoarder’s paradise” with lots of items collected over the years from other family