People v. Mitchell CA3

Filed 12/23/13 P. v. Mitchell CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE, C071570

Plaintiff and Respondent, (Super. Ct. No. 11F06228)

v.

REGINALD DEAN MITCHELL,

Defendant and Appellant.

A jury convicted defendant Reginald Dean Mitchell of access card theft (Pen. Code, § 484e, subd. (d)),1 receiving stolen property (§ 496, subd. (a)), and second degree burglary (§ 459). The trial court placed defendant on five years of formal probation with one year in county jail.

On appeal, defendant contends there is insufficient evidence of entry with intent to commit theft to support the second degree burglary conviction. We shall affirm.

1 Undesignated statutory references are to the Penal Code.

1

FACTUAL BACKGROUND

Mark Hayes was the facilities manager of the United States Forest Service training center located at the McClellan Air Force Base business park. His responsibilities included acting as the contract representative for the janitorial services contract and issuing security cards to employees and members of the janitorial crew.

The training center also operated vehicles and assigned to each vehicle a credit card known as a “fleet card,” which was used to purchase gasoline. Hayes was responsible for overseeing this function as well. Vehicles were assigned to specific employees at the center, and employees kept the keys to their assigned vehicles in their respective offices. The facility was secured by locked doors which were opened with a security card using the employee’s fingerprint.

Defendant started working as a janitor at the facility on September 30, 2010. He was issued a security card and worked at the center two to three days a week on the 5:00 p.m. shift. Defendant was assigned to work at the facility on June 30 to July 1, 2011, and the security logs show him entering the building that evening.