People v. Dominguez CA5

Filed 3/4/15 P. v. Dominguez CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, F067897 Plaintiff and Respondent, (Super. Ct. No. CRM026674A) v.

JASON KEITH DOMINGUEZ, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Merced County. Marc A. Garcia, Judge. Jake Stebner, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California for Plaintiff and Respondent. -ooOoo-

* Before Gomes, Acting P.J., Kane, J. and Smith, J.

A jury convicted appellant, Jason Keith Dominguez, of second degree burglary (count 1/Pen. Code, § 460, subd. (b)) and possession of drug paraphernalia (count 2/Health & Saf. Code, § 11364.1, subd. (a)). In a separate proceeding the court found true a prior prison term enhancement (Pen. Code, § 667.5, subd. (b)) Following independent review of the record pursuant to People v. Wende (1979) 25 Cal.3d 436, we affirm. FACTUAL AND PROCEDURAL HISTORY In the early morning of February 27, 2013, two men threw a cinder block through a glass door of a Pep Boys store in Merced and stole stereo equipment and gloves. Shortly after the robbery, at approximately 1:30 a.m., Merced Police Officer William McComb responded to a call at the store. After clearing the building with other officers who arrived on the scene, a man informed McComb that the suspects who broke into the store were last seen going into room 112 at the Siesta Motel. Sidney Hamilton and Cathy Ryan lived at the Siesta Motel in room 112. Shortly after the burglary at Pep Boys, Dominguez and Rudy Garibaldi arrived at the room carrying stereo equipment and asking for Hamilton. Upon entering the room, Garibaldi began taking his clothes off and Dominguez sat down next to Hamilton. Three to six minutes after their arrival, Officer McCombs and another officer arrived at the room and knocked on the door. Hamilton answered the door and allowed the officers inside the room. Officer McCombs noticed that Garibaldi was wearing a brand new pair of gloves and that the room contained stereo equipment that could have been stolen from Pep Boys. The officers detained Garibaldi and removed him from the room. While speaking with Dominguez, Officer McCombs noticed that he was fidgeting with his hands inside a plastic crate that he was sitting on. McComb asked Dominguez what he had in his hands and Dominguez showed him a type of pipe that is commonly used to smoke methamphetamine, which the officer confiscated. Additionally, a bag containing clothes