People v. Samano CA5

Filed 4/17/14 P. v. Samano CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIFTH APPELLATE DISTRICT

THE PEOPLE, F065801 Plaintiff and Respondent, (Super. Ct. No. CRM21924B) v.

ALFREDO SANCHEZ SAMANO, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Brian L. McCabe, Judge. Jeffrey Cunan, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Levy, Acting P.J., Gomes, J. and Peña, J.

INTRODUCTION On May 2, 2012, appellant, Alfredo Sanchez Samano, was charged in an information with first degree burglary of an inhabited dwelling (Pen. Code, § 459). On June 28, 2012, a jury trial commenced. On July 5, 2012, the jury found appellant guilty of first degree burglary. On September 12, 2012, the trial court sentenced appellant to state prison for two years. Appellant was ordered to pay restitution of $1,355.59 to the victims, as well as other fines and fees, including a restitution fine of $960. Appellant was granted 200 days of custody credits for actual time in jail prior to sentencing and 200 days of conduct credits for total custody credits of 400 days. Appellate counsel has filed a brief seeking independent review of the case by this court pursuant to People v. Wende (1979) 25 Cal.3d 436 (Wende). FACTS At 3:15 a.m., on March 17, 2012, Officer Ramon Ruiz of the Merced Police Department received a dispatch of a burglar alarm at an address in the 1000 block of Robinson Drive. When Ruiz arrived at the scene, he saw a small truck pulling away from the residence and radioed for his backup, Officer Fernando Flores, to follow the truck. Flores made a U-turn and immediately turned around to follow the truck. Ruiz was making a U-turn to follow Flores in pursuit of the truck until he noticed the front door of the residence was kicked in, the lights were all on, and Ruiz could see someone in the house. The man inside the house saw Officer Ruiz and started running from side to side toward the end of the hallway, bolting for the front of the house, and ran out the front door. Ruiz yelled, “police,” ordered the man to stop, and activated his siren. Ruiz’s patrol vehicle lights were already activated. The man continued running from the house, through the neighbor’s yard next door, and then out of sight. The man was wearing a