People v. Alvelais CA3

Filed 12/20/13 P. v. Alvelais CA3 NOT TO BE PUBLISHED

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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C074196

v. (Super. Ct. Nos. CM033237, CM033374 & CM037679) MADELEINE MARIA ALVELAIS,

Defendant and Appellant.

Appointed counsel for defendant Madeleine Maria Alvelais asked this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment. BACKGROUND Because both of defendant’s cases were resolved by plea, the facts are taken from the probation officer’s report.

1

Brian Vittitoe left his residence on October 24, 2010, and did not lock his front door. When he returned home, nothing seemed amiss but he later discovered that $650 in cash and a bottle of medicine were missing. On November 3, 2010, officers executed a search warrant at defendant’s residence and found, among other things, Vittitoe’s driver’s license. Vittitoe told an officer that he did not know defendant and defendant did not have permission to have his license. Defendant was booked into jail and later released on her own recognizance. Two years later, on November 5, 2012, Karen Maloney reported a residential burglary. She was employed by the homeowner who was away on a business trip. While working in her office at the home, Maloney saw a woman run into a bedroom. Maloney confronted the woman, who claimed she was looking for her walking partner. But when a male contractor approached the front door, Maloney opened the door for him. The woman fled out the door, entered a car parked near the garage and drove away. Maloney recorded the license plate number. A records check showed that the car was registered to defendant, and Maloney identified defendant from a photograph. Defendant’s nearby apartment was placed under surveillance. After she drove away in a vehicle matching the description given by Maloney, officers conducted a traffic stop of defendant. Maloney went to the scene of the traffic stop and identified defendant as the person who had been in her employer’s residence. Several items of stolen property were recovered. In case No. CM033237 (the 2010 case), defendant pleaded guilty to first degree burglary. (Pen. Code, §§ 459, 460, subd. (a).)1 In exchange, two counts of receiving stolen property (§ 496, subd. (a)) were dismissed with a Harvey waiver.2