People v. Gentry CA3

Filed 5/8/14 P. v. Gentry CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Placer) ----

THE PEOPLE, C072735

Plaintiff and Respondent, (Super. Ct. Nos. 62-104648A & 62-092242B) v.

CORY JAMES GENTRY,

Defendant and Appellant.

A jury convicted defendant Cory James Gentry of three counts of first degree burglary (Pen. Code, § 459). Sentencing defendant on this and an unrelated drug possession case, the trial court imposed a state prison term of seven years four months. On appeal, defendant contends one of the burglary counts should be reversed for insufficient evidence, the trial court erred in admitting his statement that he committed 12 burglaries, and if the statement was admissible, the trial court was required to give a limiting instruction. We affirm.

1

BACKGROUND PROSECUTION CASE Miners Way Burglary On February 16, 2011, Tamra Nemecek arrived at her home at 1299 Miners Way in Roseville around 2:00 p.m. Noticing the outside door to the garage was broken and the door from the kitchen to the garage was open, she called the police. She went into the house and discovered her jewelry box was missing. At trial, Nemecek identified the stolen jewelry box, rings, and some medication she kept in the box. Meanwhile, Roseville Police Officer Ken Nakamura was patrolling in the neighborhood, which had been hit by a rash of burglaries, when he made contact with Andrew Padilla in response to a report of a suspicious person at a door. Padilla’s cell phone contained a text saying someone needed Padilla’s backpack. Officer Nakamura heard the dispatch about the Miners Way burglary during his communication with Padilla. He responded to the call, and saw defendant, wearing jeans and a dark sweatshirt, talking on his cell phone in the driveway of 1308 Miners Way. Defendant then went into the backyard of the home. At about the same time, Mark Onderko, who lived at 1305 Miners Way, saw a man hunched down in front of his truck. The White man was about five feet 10 inches tall, in his early 20’s, had medium length brownish blond hair, and wore a zipped up hoodie. After about one minute, the man picked up a wooden box, looked up and down the cul-de-sac, and then carried the box to a neighbor’s house, where he went into an alcove to the front door. The man then returned to the front of the house, now without the box, and went around the house, through a gate, and into the backyard. When Officer Nakamura showed up, Onderko directed the officer to the backyard, but the man could not be found. Onderko then directed Officer Nakamura to the box the man hid by the front door. The box was Nemecek’s stolen jewelry box.