People v. Ames CA3

Filed 6/13/16 P. v. Ames CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 (Sacramento) ----

THE PEOPLE,

Plaintiff and Respondent, C078611

v. (Super. Ct. No. 14F05255)

LEYTH WOLFGANG AMES,

Defendant and Appellant.

A jury found defendant Leyth Wolfgang Ames guilty of one count of first degree residential burglary (Pen. Code, § 459),1 one count of receiving stolen property (§ 496, subd. (a)), and one count of possession of burglary tools (§ 466). The trial court sentenced defendant to prison for 2 years for first degree residential burglary, 2 years for receiving stolen property, and 30 days in county jail for possession of burglary tools. The

1 Undesignated statutory references are to the Penal Code.

1

trial court stayed execution of defendant’s sentence for receiving stolen property but ordered his 30-day sentence for possession of burglary tools to run concurrently to the sentences for the other counts. On appeal, defendant contends the trial court erred by not staying execution of his sentence for possession of burglary tools pursuant to section 654. The People concede the error. We agree and accept the People’s concession of error. Accordingly, we order the judgment amended to stay execution of defendant’s sentence on count three -- possession of burglary tools. As amended, the judgment is affirmed. FACTUAL AND PROCEDURAL BACKGROUND A. Factual Background In July 2014, Nathaniel Whaley and Volker Rademacher were living on Whitewood Drive in Carmichael, California. Whaley lived in the converted garage while Rademacher lived in the house. The converted garage and house are separated by a breezeway. There is a side door within the breezeway that leads into the kitchen of the house. On July 31, 2014, at approximately 1:20 p.m., Rademacher was at work and Whaley was in his bedroom. At that time, Whaley heard a door in the house open. He looked through his window and saw two men walk out the side door of the house into the breezeway and towards the backyard. After about 30 seconds, Whaley went to a neighbor’s house to call 911. While on the phone with the 911 operator, Whaley saw the two men walk out the front door of the house. Whaley told the 911 operator both of the individuals, one on a bike and the other on foot, fled down Whitewood Drive in the direction of Robertson Avenue,