People v. Reeser CA5

Filed 12/10/14 P. v. Reeser CA5

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE,

Plaintiff and Respondent, F068144

v. (Super. Ct. No. F12903702)

KENNETH RAY REESER, OPINION

Defendant and Appellant.

THE COURT APPEAL from a judgment of the Superior Court of Fresno County. Houry A. Sanderson, Judge. James M. Crawford, under appointment by the Court of Appeal, for Defendant and Appellant. Kamala D. Harris, Attorney General, Dane R. Gillette, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and John G. McLean, Deputy Attorneys General, for Plaintiff and Respondent. -ooOoo-

 Before Gomes, Acting P.J., Franson, J., and Peña, J.

Defendant Kenneth Ray Reeser was convicted of possession of burglary tools. On appeal, he contends the evidence was insufficient to support the conviction. We affirm. PROCEDURAL SUMMARY On August 19, 2013, defendant was charged with second degree burglary (Pen. Code, §§ 459, 460, subd. (b);1 count 1) and possession of burglary tools (§ 466; count 2). A jury found him not guilty on count 1 and guilty on count 2. The trial court granted defendant two years’ probation. FACTS On April 28, 2012, James was working at his manufacturing business in Fresno. At about 11:00 p.m., he stopped his grinder briefly and heard sheet metal rattling at the neighboring vacant business (the business). He knew the business had regularly been stripped of its metal sheeting and wiring, so he immediately thought it was happening again. James called his neighbor, Vince, who was also working in a nearby business. Vince hung up the phone and went outside. He unlocked his gate and walked toward the business. He immediately saw defendant riding a bicycle in circles in front of the business, which was unusual and suspicious because none of the businesses in the area were open to the public at that hour. When defendant saw Vince, he quit circling and rode his bicycle past him down the street. They made eye contact and Vince got a good look at defendant as he rode within 10 feet of him. As Vince got closer to the business, he heard unusual noises coming from the back of the property. He noticed that the gates, which were usually locked, were open. Wire and part of an antenna were pulled down and lying outside the gate. He entered the building and walked toward the source of the noise. He turned on his flashlight, and said, “‘What’s going on?’” The noise stopped and someone, Juan Rodriguez, walked toward