People v. Carter CA2/1

Filed 3/14/16 P. v. Carter CA2/1

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, B266075

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. TA136241) v.

LUTHER RAY CARTER,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kelvin D. Filer, Judge. Affirmed. Laurel Simmons, under appointment by the Court of Appeal, for Defendant and Appellant. No appearance for Plaintiff and Respondent. ——————————

Luther Ray Carter (Carter) appeals from a judgment sentencing him to three years in county jail for automotive burglary (Pen. Code, § 4591). We affirm. BACKGROUND I. The Burglary At approximately 5:15 p.m. on December 30, 2015, Laura Cruz (Cruz), the manager of a Subway restaurant on East Compton Boulevard in Compton, left work to go home. However, her car, a 2003 Chevy Malibu, would not start. As it was too late in the day to have the car repaired, she locked the car and left it in the parking lot in front of the restaurant. The next morning, at approximately 5:00 a.m., Claudia Fernandez (Fernandez), one of Cruz’s shift supervisors/cashiers, arrived for work and observed that the front passenger side window of Cruz’s car’s was broken. Fernandez replayed the video from the restaurant’s security cameras, which showed a man wearing a “beanie and black hoody” sweatshirt smashing the car window by throwing a rock at it. After breaking the window, the man opened the car door, rummaged through the car’s interior, grabbed something, stuffed it into a backpack, and then “took off.” After she had reviewed the video, Fernandez saw Carter outside the restaurant; she recognized him as being the same man in the video by his clothing. Fernandez first called the police and then called Cruz. When the police arrived, they detained Carter. Before questioning Carter, the police spoke to Fernandez and reviewed the video. After studying the video, the police reached the same conclusion as Fernandez—that is, Carter and the man on the video were one and the same. The police arrested Carter, and, after reading him his Miranda2 rights, began questioning him. When asked why he had broken the car window, Carter told the police that “he was mad.” The police then asked Carter to make a written statement, which he did: “I broke the window because I was mad, and I took papers out of the glove compartment from the car.” Cruz, after she had a chance to examine her car, including