People v. Williams CA3

Filed 5/26/15 P. v. Williams CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (San Joaquin) ----

THE PEOPLE, C075763

Plaintiff and Respondent, (Super. Ct. No. MF034009A)

v.

LOVELL DONNELL WILLIAMS,

Defendant and Appellant.

In December 2011, defendant Lovell Donnell Williams parked his car in the driveway of Rod Serrato’s house, went to the front door, and rang the doorbell for about two minutes. Defendant then looked through a window into the house and jumped a side fence. Defendant returned to his vehicle, got some gloves and a screwdriver. Five minutes later, he walked out of the house through a sliding door carrying a turkey pan containing a plastic bag. He went back in the house and retrieved two more bags. Serrato’s neighbor, Venil Animaiya, recorded defendant’s license plate number and called the police.

1

Animaiya believed a person named Rod lived at the house. He had last seen Serrato about a week earlier. Tracy Police Officer James Harries investigated the reported burglary. There were no signs of forced entry, the rear sliding door was unlocked and ajar, and the side sliding door was unlocked, but closed. The inside of the home appeared as though someone was living there. One of the rooms contained marijuana plants and grow lights, there appeared to be hashish in the home, and a certificate on the wall authorizing the bearer to posses the contraband. Harries spoke with Serrato. Serrato told Officer Harries he lived at the home. Serrato reported several items had been removed from the home, including a television set, a bottle of tequila, and some marijuana. Serrato had not given anyone permission to enter the home. PROCEDURAL HISTORY Defendant was charged with first degree burglary and six prior prison term enhancements. After being held to answer at the preliminary examination, defendant filed a nonstatutory motion to dismiss the information based on alleged perjury by Officer Harries during that hearing. Defendant filed the transcript of an interview by Tracy Police Officer Gustavo Cisneros with Ray Johnson, who owned a business that cleaned houses prior to foreclosure sales. Defendant worked for Johnson’s company. Johnson said his company cleaned homes that are abandoned by the owners, usually in foreclosures. The company did not remove property of people living in the home, but if the property appeared abandoned, his employees could enter homes and take property. Defendant also filed a transcript of Officer Harries’s interview of Serrato. In the interview, Serrato said the house was vacant and no one had lived there for a while. He did go there occasionally to look at his cannabis plant in one of the rooms. But he could no longer afford the home so he was going to have to short sell it. Serrato was not aware of anyone who was scheduled to come and clean the house. The People responded with a declaration from Officer Harries which said he had had a second conversation with