People v. Rich CA3

Filed 8/6/14 P. v. Rich CA3 NOT TO BE PUBLISHED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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Butte) ----

THE PEOPLE,

Plaintiff and Respondent, C074247

v. (Super. Ct. No. CM037596)

SHANE ALEXANDER RICH,

Defendant and Appellant.

Appointed counsel for defendant Shane Alexander Rich asked this court to review the record to determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

I Joseph Cesario, Michael Martin, Ryan Lorenc, Matthew Sarro and Michael Riehl were roommates in October 2012. At one point on October 26, Cesario, Martin, Sarro and Riehl were out of the house and Lorenc remained in the home taking a shower. While walking home, Max Nelson saw two men carrying property, including a flat screen television, out of the roommates’ house. One man was about six feet tall, wore a sweatshirt, and had a black backpack. Nelson thought the situation looked suspicious so he confronted the man carrying the television set. The man dropped the television and both men ran off. Nelson went to a neighbor’s home and arranged to contact the roommates. Upon their return, the roommates examined their home and determined that Martin’s laptop computer was missing. Meanwhile, State Park Peace Officer Jason Smith observed defendant and James Beegle, Jr., on a nearby street. Based on their behavior, Smith believed they were intoxicated. Smith saw the men enter a nearby martial arts studio; he believed they did so to avoid him. Smith stopped defendant and Beegle when they left the studio. While defendant was giving his identification to Smith, three of the the roommates (who had been driving around the area looking for people matching the description provided by Nelson) saw defendant and Beegle and thought they matched the description given by Nelson. Riehl pointed at defendant and told Smith, “He just robbed us.” Smith searched defendant’s backpack and discovered a laptop computer which Martin identified as his. After defendant’s arrest, Nelson arrived at the scene and identified defendant as one of the men he had seen leaving the roommates’ house and running from the scene. A jury found defendant guilty of first degree burglary of an inhabited dwelling (Pen. Code, § 459)1 and found true an enhancement allegation that another person, not an