People v. Coolidge CA4/3

Filed 7/29/14 P. v. Coolidge CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G048920

v. (Super. Ct. No. 13NF0879)

ORLANDO KEITH COOLIDGE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, James Edward Rogan, Judge. Affirmed. Patrick Morgan Ford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Julie L. Garland, Assistant Attorney General, Eric A. Swenson and William M. Wood, Deputy Attorneys General, for Plaintiff and Respondent.

A jury convicted Orlando Keith Coolidge of first degree burglary of an inhabited residence (Pen. Code, §§ 459, 460)1, and assault with a deadly weapon, not a firearm (§ 245, subd. (a)(1)). The trial court sentenced Coolidge to prison for three years on the assault conviction and a concurrent term of two years on the burglary conviction. On appeal, Coolidge argues the evidence was insufficient to support the residential burglary conviction because there was no showing he intended to commit a felony when he entered Armando Rodriguez’s open garage. We disagree with this contention, and for the reasons stated below, affirm his conviction. FACTS Rodriguez was living with his fiancée, Marlene Gonzalez, in a condominium (condo) in Fullerton. His condo had an attached garage that opened to an alley. One afternoon, Rodriguez took his dogs on a walk around the condo complex and then returned to his condo where he met up with his neighbor, Taylor Gasper, and Gasper’s brother-in-law. Gasper had a wiffle ball bat and wiffle ball, and the group began hitting the ball down the alley so the dogs could “fetch” it. While playing “fetch” with the dogs in the alley, the group noticed Coolidge approaching them on a bicycle. Rodriquez recognized Coolidge because Coolidge had been in the area several times in the past year. As Coolidge approached Rodriguez, Gasper, and Gasper’s brother-in-law in the alley, the group stopped the game of “fetch” and stepped to the side of the alley to allow Coolidge to ride past. Instead of riding by the group, Coolidge went out of his way to ride towards Gasper, and ultimately ran over his foot. With an aggressive tone, Coolidge asked Gasper, “‘Are you going to move the fuck out of my way?’” Gasper told Coolidge, “‘There’s plenty of room for you to go around, just go around.’” Coolidge then twice