People v. Zaun

Filed 3/25/16 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA THIRD APPELLATE DISTRICT (El Dorado) ----

THE PEOPLE, C078962

Plaintiff and Respondent, (Super. Ct. No. P14CRF0082)

v.

BRADLEY MICHAEL ZAUN,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of El Dorado County, Kenneth J. Melikian, Judge. Affirmed.

Benjamin Owens, under appointment by the Court of Appeal, for Defendant and Appellant.

Kamala D. Harris, Attorney General, Gerald A. Engler, Chief Assistant Attorney General, Michael P. Farrell, Assistant Attorney General, Eric L. Christoffersen and Jesse Witt, Deputies Attorney General, for Plaintiff and Respondent.

1

A jury found defendant Bradley Michael Zaun guilty of three counts of burglary, two counts of attempted burglary, and one count of receiving stolen property. On appeal, defendant challenges only the two convictions for attempted burglary, arguing there is insufficient evidence to support those convictions. We disagree and affirm. FACTUAL AND PROCEDURAL BACKGROUND In November 2013, defendant, Andrew Robertson, Gary Massey, and Alex Cochran committed a series of residential burglaries. Their normal approach was for one of them to knock on the door or ring the doorbell, and if no one answered they would force the door open and steal what they could.1 On November 14, 2013, the four men drove to the home of Cory Meeder. Cochran knocked on the door to see if anyone was home. When the Meeders answered, Cochran asked if someone named Tyler lived there. The Meeders were suspicious and told him there was no one named Tyler living there or anywhere else on that street. Cochran returned to the car and the four men drove away. That same day, the four men drove to Diamond Springs and pulled up to the home of Anna Ahlemeyer. Either Robertson or Cochran went to the front door and knocked and then went to a second door and knocked.2 The other three men were outside of the car in the driveway. Ahlemeyer came to the door, and the men left after a brief exchange. On September 16, 2014, defendant was charged with three counts of burglary, two counts of attempted burglary (the Meeder and Ahlemeyer homes), and one count of receiving stolen property. On February 18, 2015, a jury found defendant guilty of all