People v. Walton CA3

Filed 4/10/14 P. v. Walton CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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,

Plaintiff and Respondent, C074454

v. (Super. Ct. No. 13F00110)

ROMELE ISAAC WALTON,

Defendant and Appellant.

Appointed counsel for defendant Romele Isaac Walton asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Our review of the record disclosed a clerical error on the abstract of judgment that requires correction. Finding no other arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I In the month of December 2012, Charmaine Evans was using a back bedroom window to enter her apartment. On December 3, she noticed the window screen appeared to have been damaged and thought someone might be inside her apartment. When she got to the living room, she noticed items missing, including Xbox, Wii and Nintendo consoles and games, DVD movies, and a speaker. Her drawers had been emptied on the living room floor. She called the police. Evans admitted that she had a prior 2006 felony conviction for selling narcotics and a 2012 conviction for stealing items from WalMart. She said she had known defendant for about three or four months through her son’s father, and defendant had been in her apartment three times. The police dusted for fingerprints but none of the prints matched defendant. Earlier that day, Jesus Jimenez, a resident and part-time maintenance man at the apartment complex, went to Evans’s apartment to complete some repairs. He saw defendant coming out of Evans’s apartment carrying a large laundry-type bag with a drawstring. The bag appeared full and there appeared to be a square-shaped item, like a VCR, inside the bag. Jimenez spoke briefly with defendant, who then left the complex and went to a bus stop. Jimenez did not know defendant but had previously seen him at least 20 times at the complex. Jimenez knocked on Evans’s door but no one answered. Evans arrived about 15 to 20 minutes later. Jimenez told her to check her apartment because she might have been “robbed.” Jimenez testified that Evans used her key to enter the apartment. Evans said items had been taken and she called the police. Jimenez identified defendant from a photographic lineup as the person he saw leaving Evans’s apartment. A search of defendant’s name in the pawnshop repository software led officers to a pawnshop where defendant had pawned various games and an Xbox. Evans identified the items as those stolen from her apartment. She also told