People v. Semoes CA3

Filed 2/18/15 P. v. Semoes CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento)

THE PEOPLE, C076009

Plaintiff and Respondent, (Super. Ct. No. 13F05195)

v.

JEROME JAMES SEMOES,

Defendant and Appellant.

Appointed counsel for defendant Jerome James Semoes has asked this court to review the record to determine whether there exist 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. I We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On August 6, 2013, David Crum saw suspicious activity at the home of Dona Jones so he called the police. Officer Barron Cox responded to the call; the residence was open but it did not appear anything was missing. Accordingly, Officer Cox secured

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the residence and left. Later that evening, Jones returned to the residence and found things were in fact missing. She called the police and Officer Cox returned. Jones and Officer Cox walked through the home. An air conditioning unit was removed from the bedroom window but was found on the ground outside the home. Jones also noted that a number of personal mementos were missing from inside the house. Jones and Officer Cox then went out to the garage and saw that a vent was removed from the exterior wall, leaving a hole in the wall. This hole appeared to be a point of entry into the garage. The garage was divided into three rooms, each separated by a wall. Two of the walls were broken through, leaving behind holes three feet in diameter. Inside the garage Jones discovered a number of items were missing including a vintage pinball machine, air compressors, and a large standing toolbox. On August 12, 2013, Jones contacted Officer Cox and told him the pinball machine missing from her garage was listed for sale on Craigslist. Cox searched Craigslist for any other items being sold by the same person; he found the same person was selling air compressors, saws, presses, and other “auto mechanic[’]s type” tools. Jones identified several of the items for sale as items that may have been stolen from her garage. Officer Cox reached out to Detective Gualco. Detective Gualco then contacted the phone number listed with the pinball machine and other items identified by Jones. Defendant answered the call and confirmed the listed items were still for sale. Detective Gualco arranged to meet defendant at his home to look at the pinball machine. Later that evening, at defendant’s home, Detective Gualco identified the pinball machine as the one stolen from Jones’s garage. He called in other law enforcement officers and defendant was detained. Jones then went to defendant’s residence and identified several items as items stolen from her garage, including the pinball machine, a lamp, several tools, two air compressors, and “grinders.” Jones also recognized several