People v. Fautner CA4/2

Filed 11/26/13 P. v. Fautner CA4/2

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION TWO

THE PEOPLE,

Plaintiff and Respondent, E058591

v. (Super.Ct.No. FVI1202342)

JULIEN FAUTNER, OPINION

Defendant and Appellant.

APPEAL from the Superior Court of San Bernardino County. John M. Tomberlin,

Judge. Affirmed.

D. Inder Comar, under appointment by the Court of Appeal, for Defendant and

Appellant.

No appearance for Defendant and Appellant.

1

A jury found defendant and appellant Julien Fautner guilty of first degree

residential burglary. (Pen. Code, § 459.) A trial court found unusual circumstances and

placed defendant on probation for a period of five years, under specified conditions,

including the condition that he serve 365 days in county jail with credit for time served.

Defendant filed a timely notice of appeal. We affirm.

FACTUAL BACKGROUND

The victim lived in apartment No. 25 in the Culebra Apartments in Victorville.