People v. Moore CA4/3

Filed 10/22/14 P. v. Moore 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NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, G048832

v. (Super. Ct. No. 12WF1403)

GREGORY DAVID MOORE, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, M. Marc Kelly, Judge. Affirmed. John Derrick, 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 Swenson and Barry Carlton, Deputy Attorneys General, for Plaintiff and Respondent.

A jury found Gregory David Moore guilty of residential burglary. The trial court sentenced Moore to nine years in prison. On appeal, Moore challenges the denial of his his Penal Code section 1118.1 motion made following the prosecution’s case-in- chief.1 He contends the prosecution fell short in providing sufficient evidence to link him to the burglary. Specifically, Moore maintains there was insufficient evidence to reasonably infer he was inside the residence. Finding his argument lacks merit, we affirm the judgment. I The scope of this appeal challenges the trial court’s denial of a section 1118.1 motion made by Moore after the prosecution’s case-in-chief. Accordingly, for purposes of our review we focus our summary of the facts on the evidence presented in the prosecution’s case-in-chief. Laura Amador, a house sitter, lived alone at a beach house in Sunset Beach. The house is situated having its north side facing the street and its south side facing the ocean. On the west and east sides of the house are long walkways, both of which are gated off and not intended for public access. These walkways (also called breezeways) are approximately 150 feet in length. Amador was the only person who had access or permission to be within the home, other than a window cleaner. One night, Amador locked the three-story house before she went to bed around 9:30 p.m. No one else was inside the house, and nobody except Amador had permission to come into the house that night. Amador’s bedroom is in a second-floor studio located inside the home. The studio has its own private entrance and exit. At 2:40 a.m., Amador was asleep when she heard a loud hammering noise. Amador got out of bed and looked through a window in her room towards the street. She did not see