P. v.

Filed 5/14/14 P. v. NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 ONE

THE PEOPLE, B247240

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. BA391120) v.

IGNACIO VILLALOBOS,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Lisa B. Lench, Judge. Affirmed. Alan S. Yockelson, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Senior Assistant Attorney General, Steven D. Matthews and Linda C. Johnson, Supervising Deputy Attorneys General, for Plaintiff and Respondent. ——————————

Defendant appeals his conviction of one count of first degree residential burglary (Pen. Code, § 459),1 contending there was insufficient evidence the residence was occupied and seeks reduction of his conviction to second degree burglary. We affirm. FACTUAL BACKGROUND AND PROCEDURAL HISTORY Guadalupe Rodarte is defendant’s cousin. In early 2011, defendant lived with Rodarte for about six months. Defendant left on bad terms and Rodarte told him never to come back, although at one time Rodarte had told defendant that “my house is your house.” Rodarte kept her back door unlocked. On November 19, 2011, she left at 7:00 a.m. or 8:00 a.m. to go to work. After work, she went to a friend’s house about 20 miles from where she lived. Rodarte received a phone call about 9:30 p.m. from her neighbors that someone was in her house; they saw a flashlight and someone going through the kitchen cupboards. Rodarte asked her neighbors to call police. Later, Rodarte received a phone call from her next-door neighbor that someone was in Rodarte’s house. When she arrived at her house, she saw police officers outside. Police officers showed her a box containing items that belonged to Rodarte: several bottles of liquor, a laptop, a hand drill and an iPod. Most of the items Rodarte had left on the kitchen countertop, but the iPod she left on a work table in the living room where she normally stored it. Rodarte’s house was empty because she was in the process of a remodeling project that had been ongoing for five or six years. The house did not have any furniture, although Rodarte still lived at the residence. She slept there at night and referred to herself as a “camper.” Officer Ruben Zabala responded to Rodarte’s house. He observed a gold Chevy Silvarado parked across the street from Rodarte’s house. He saw a flashlight beam inside Rodarte’s house, and went to the house next door to observe. When defendant walked out of the front door of Rodarte’s house, Officer Zabala ordered defendant to get down