People v. Layton CA2/8

Filed 6/23/15 P. v. Layton CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B257165

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA087500) v.

CHRISTOPHER BRETT LAYTON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County. Mark S. Arnold, Judge. Affirmed.

Ann Krausz, under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

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Defendant and appellant Christopher Brett Layton appeals from a judgment of conviction following a jury trial. We affirm. On November 19, 2013, defendant was charged with one count of first degree burglary (Pen. Code, § 459).1 It was also specially alleged defendant had suffered a prior felony conviction for burglary within the meaning of the “Three Strikes” law and section 667, subdivision (a)(1). The information alleged that on May 3, 2013, defendant entered an inhabited dwelling with the intent to commit theft. At his arraignment, defendant pled not guilty. The case proceeded to a jury trial in May 2014. During the trial, the victim attested to the facts and circumstances of the incident. The victim was asleep in his rented room at the Torrance Inn. When he awoke, he discovered his black, tri-fold wallet had been taken, which had contained over $600 in cash. On cross-examination, the victim conceded he had fallen asleep with the door open and that there was no security at the motel, such that anyone could have had reasonable access to the room. Defendant was staying in another room at the Torrance Inn. The manager of the motel testified to surveillance videotape showing defendant entering the victim’s room and leaving with a small, black object in his hand. The wallet, with all the cash missing, was located that afternoon in the bushes next to the motel. The jury found defendant guilty of first degree burglary, but found not true the allegation that the victim was in the motel room at the time of the burglary. Defendant waived his right to a jury trial on his prior conviction. At the sentencing hearing, defendant admitted his prior conviction for burglary. The court denied defendant’s motion to strike his prior qualifying strike conviction. The court sentenced defendant to a state prison term of 13 years, consisting of the four-year midterm, doubled due to the strike, plus five years under section 667, subdivision (a)(1). Various fines and fees were