People v. Caracciola CA3

Filed 2/3/14 P. v. Caracciola CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sutter) ----

THE PEOPLE, C074163

Plaintiff and Respondent, (Super. Ct. Nos. CRF121243, CRF122477)

v.

RANAE DEEANN CARACCIOLA,

Defendant and Appellant.

Counsel for defendant Ranae Deeann Caracciola has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436.) Defendant filed a supplemental brief contending she received ineffective assistance of counsel because her recent history as a domestic violence victim was not adequately raised as a special circumstance justifying a grant of probation. We address this issue, in addition to undertaking a review of the record as required by Wende, and affirm.

1

FACTUAL AND PROCEDURAL BACKGROUND Sutter County Case No. CRF121243 On December 16, 2011, Donald Dewey reported that his home on Rose Lane had been burglarized while he and his wife were out of town. Approximately $5,000 of Christmas gifts and $2,000 worth of silver coins had been stolen. No fingerprints were found. On April 7, 2012, Randall Suoja reported that approximately $1,850 worth of tools had been stolen from his garage and trailer, located on Rose Lane. On April 17, 2012, Maureen Rose returned to her home on Peach Tree Lane and noticed an open cabinet. The next morning, she noticed her computer, iPod, Kindle electronic reader, compound bow, and some jewelry were missing. The total value of the stolen items was approximately $3,250. A wheelbarrow was under the bathroom window and the screen had been removed. Rose reported that she suspected her friend, defendant Ranae Deeann Caracciola, had stolen the items. She explained that during a baseball game in which both their children were participating, defendant said she had errands to run and asked Rose to text her to keep her updated on her child’s performance during the game while she was gone. Defendant’s ex-husband later told Rose he had seen her missing bow in defendant’s car. Defendant was on summary probation for a prior conviction for driving under the influence and, on April 20, 2012, officers went to her residence to conduct a probation search. She was home and consented to a search of her residence and car. Officers found Rose’s compound bow during the search. Defendant claimed Rose’s son had left it at her house a few weeks earlier. When one of the officers asked if defendant’s cell phone records would disclose she had been near Rose’s home at the time of the burglary, defendant claimed she had entered Rose’s home to retrieve some Gatorade but she thought she had permission to do so. The officer then asked defendant where the remaining stolen property was and defendant answered, “ ‘Inside.’ ”