People v. Araujo

[702]

Opinion

MERRILL, J.

Appellant Paul Anthony Araujo was convicted by a jury of one count of first degree burglary. (Pen. Code, §§ 459,460, former subd. I.)

1

He appeals from the judgment of conviction. We affirm.

I

The following events occurred during the week of Thanksgiving in 1990. They concern the Vega family which, at the time, resided in Oakley. The Vegas decided to go to Reno for the holiday. On Hiesday, November 20, Manuel Vega was packing his car for the trip when he noticed 18-year-old appellant, who lived across the street, standing in the doorway of his home apparently watching him. Not long after this, Vega saw appellant standing at a second-story window of his home, again looking in his direction.

The Vegas started on their trip around 10 o’clock that morning. Before leaving, they made sure that all doors and windows of their house were locked. They left a Ford Courier pickup parked in front of the house. The keys to the vehicle were in the house.

When the Vegas returned the following Friday, they discovered that their house had been broken into and that various personal belongings were missing. These included: a portable telephone, house and vehicle keys, some jewelry, a vase filled with dimes, a purse, and a leather jacket belonging to Vega’s wife.

The house was in disarray. Clothes were strewn on the floor of the master bedroom closet. A refrigerator in the master bedroom was damaged. There were cigarette butts in a kitchen ashtray that had been left clean and beer cans in the kitchen sink. The Vegas found the window in their daughter’s bedroom and the garage door unlocked.

Finally, there was evidence that the Ford pickup had been driven. The truck was parked in a slightly different position. Its doors were unlocked and the antenna raised. There were sunflower seeds on the front seat and the seat had been adjusted. Brake fluid was leaking from underneath the truck.

Thereafter, the Vegas received a telephone bill which included charges for three telephone calls to an unfamiliar number in Valley Springs, California. The calls were made between 8 and 9:30 p.m. on November 20 when the Vegas were in Reno. The number was traced to the vacation home of the parents of appellant’s friend Daniel Amerson.