People v. Vaughn CA2/4

Filed 1/29/14 P. v. Vaughn CA2/4 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION FOUR

THE PEOPLE, B244543

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. SA071987) v.

HENRY K. VAUGHN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathryn A. Solorzano, Judge. Affirmed. Maggie Shrout, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent.

Henry K. Vaughn appeals from the judgment entered following his conviction by jury on one count of first degree burglary (Pen. Code, § 459).1 Appellant challenges his conviction on three grounds: ineffective assistance of counsel, the alleged violation of his right to a jury selected from a fair cross section of the community, and the trial court’s finding that he was competent to stand trial. We find none of his claims meritorious and therefore affirm. On August 11, 2009, around 4:45 a.m., City of Hawthorne Police Officer Shawn Shimono responded to a disturbance of the peace call at an apartment complex in the City of Hawthorne. When he arrived, he saw a Ford Explorer parked in an open visitor parking area, which was adjacent to the secured underground parking garage. The Explorer’s rear hatch was open, and the interior light was on. A pedestrian access gate into the parking garage was propped open with an orange traffic cone. Officer Shimono looked inside the Explorer’s rear hatch and saw several lug wrenches, a wheel, a tire, and a cinder block for a brick wall. There was no one in the car. Officer Shimono heard metal banging noises inside the parking garage and thought it was a burglary in progress. He called for additional units and while he was waiting, he saw appellant stand up from between a black Ford Mustang and another vehicle parked next to it and come out of the secured parking area,. Officer Shimono asked appellant if he lived at the apartment complex, and appellant replied that he did not, but his cousin did. Appellant stated that his cousin asked him to repair the lug nuts on the Mustang. Officer Shimono examined the Mustang and discovered that it was raised off the ground, resting on a cinder block in the rear and a jack in the front. The rear