People v. Wooden CA2/8

Filed 1/12/26 P. v. Wooden CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 EIGHT

THE PEOPLE, B340168

Plaintiff and Respondent, Los Angeles County Super. Ct. No. BA510095 v.

ERIC TREMAINE WOODEN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Serena R. Murillo, Judge. Affirmed. Michael S. Reed, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ____________________ After reviewing this appeal pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende), we affirm. Statutory citations are to the Penal Code. Shortly before 4:00 a.m. on October 21, 2022, Los Angeles Police Department Officers Perez and Lee responded to a

burglary alarm at 2478 W. Washington Boulevard. There were two businesses at the address, Super Auto and Bob’s Tire Town. The property was surrounded by a fence, which remained locked. Officer Lee saw the outer metal door to Bob’s Tire Town was pried open and the glass inner door was shattered. Lee saw two flashlight beams inside the building and heard a conversation between at least two people. He saw one person run out of the building. A second person remained in the building. Lee described this person as a 5 foot 10 inch tall male with a dark complexion wearing dark clothing. Several minutes later, backup officers arrived. They searched the building and property but were unable to find the person who remained inside. The inside of Super Auto was ransacked. The officers remained on the property until about 6:00 a.m., when the employees began to arrive. At about 8:00 a.m., the owner of Super Auto moved a car from inside the locked garage to the fenced yard. An employee opened the trunk of the car, saw Wooden, and closed the trunk. He then saw Wooden coming out of the trunk through the back seat. Wooden was wearing dark clothing and gloves. Employees held Wooden until officers returned to arrest him. Police arrested Wooden and read him his Miranda rights. Wooden wrote a statement saying he walked into the open door of the shop late at night and went into the car to sleep. Wooden testified at trial. There he gave a slightly different explanation: The evening before the burglary, Wooden had arrived at his son’s home. His son was not there, so Wooden went to find a place to sleep. He saw a truck in the enclosed lot outside