People v. Castillo

Opinion

WIENER, Acting P. J.

Phillip Robert Castillo appeals his 13-year sentence after a jury convicted him of first degree burglary (Pen. Code,

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§ 459) and possessing a burglary tool (§ 466).

Factual and Procedural Background

At about 9 a.m. on January 21, 1988, Dan Lulue heard his dog barking and went into the backyard to investigate. He looked over his fence into the

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alley and saw a person sitting on the curb. Thinking this was not unusual, Lulue went back into his house. About 10 minutes later, the dog began barking again. Lulue looked out his porch window and saw a woman climb over a fence and enter his neighbor Henry Medrano’s backyard. The man who had been sitting on the curb, later identified as Castillo, was at Medrano’s screened-in patio door when the woman climbed over the fence. Lulue then saw Castillo stand with the woman at the screen door for about 15 to 30 seconds. Castillo appeared to be working on the door although he did not seem to have a key. Castillo opened the door and he and the woman entered the enclosed patio. Suspecting a burglary was occurring, Lulue telephoned the police.

Officers Dan Albright and Christopher Buxton responded to the radio dispatch concerning the burglary in progress at the Medrano residence. After talking to Lulue, the officers determined the suspects were still in the house. Officer Buxton remained in front of the house while Officer Albright went to the rear. From his position, Officer Albright had a clear view of the back of the house including the enclosed patio. He saw Castillo walk out the patio screen door into the backyard, turn around and go back inside. Officer Albright radioed the description of the suspect to Officer Buxton. A short time later, Castillo came out again and began walking toward the front of the house. Officer Buxton apprehended and arrested Castillo as he climbed into the bed of a pickup truck parked near the Medrano house. When the officers searched Castillo, they found a screwdriver and some jewelry later identified as jewelry taken from the Medrano residence.

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When Medrano and his wife returned home later that morning, they found the police there and discovered their home had been ransacked. A microwave oven, two television sets, a clock radio, and stereo had been moved to the dining room and had been put in the Medranos’ suitcases or in plastic bags. A pillow case stuffed with the Medranos’ personal belongings was also found in the dining room. The property was stacked in a pile and appeared ready to be taken out. Missing jewelry was later discovered packed in one of the bedrooms.