People v. Grace CA2/5

Filed 7/24/14 P. v. Grace CA2/5 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 FIVE

THE PEOPLE, B249353

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. GA085315) v.

DAVID JERMAINE GRACE, JR. et al.,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Candace Beason, Judge. Affirmed. Johanna R. Shargel, under appointment by the Court of Appeal, for Defendant and Appellant, David Jermaine Grace. Lynette Gladd Moore, under appointment by the Court of Appeal, for Defendant and Appellant, Ramon Robert Wright. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Lance E. Winters, Assistant Attorney General, Steven D. Matthews and J. Michael Lehmann, Deputy Attorneys General, for Plaintiff and Respondent.

Appellants Ramon Robert Wright and David Germaine Grace were each convicted, following a jury trial, of one count of first degree residential burglary in violation of Penal Code1 section 459 and one count of conspiracy to commit burglary in violation of section 182, subdivision (a)(1). Following appellants’ waiver of their jury trial rights, the trial court found true the allegations that each had suffered a prior serious or violent felony conviction within the meaning of sections 667 and 1170.12 (the Three Strikes law). The court sentenced appellant Grace to a total term of 13 years in state prison. Appellant Wright, who was on probation at the time of the current offenses, received a total term of 18 years, 4 months in state prison. Appellants appeal from the judgment of conviction, contending there is insufficient evidence to support their convictions. We affirm the judgment.

Facts On January 17, 2012, at about 9:15 a.m., Harry Yasuda and his wife left their home at 1274 Ridgecrest Street in Monterey Park. At about 9:15 or 9:20 a.m., Darwin Sen, who lived at 1083 Ridgecrest, noticed a metallic orange car heading up the street at about forty miles per hour. Fifteen or twenty minutes later, Sen noticed the car go by again. About ten minutes later, Sen called 911. He told the operator that a 2010 or 2011 metallic orange Dodge Charger with out-of-state license plates was driving around the neighborhood and had driven down Ridgecrest twice in a fifteen minute span. Sen also told the 911 operator that there had previously been some burglaries in the neighborhood. At 10:36 a.m., Monterey Park Police Department Officer Danny Salazar responded to Sen’s 911 call. As Officer Salazar drove north on Ridgecrest, he saw an orange Dodge Charger parked just north of the Yasuda residence. Kiara Camacho was in the driver’s seat, and the engine was running. Sen later identified Camacho from a photographic line-up at the driver of the car he had seen and reported. Officer Salazar