People v. Trotter CA3

Filed 6/14/16 P. v. Trotter CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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, C079945

Plaintiff and Respondent, (Super. Ct. No. 14F05851)

v.

KYRELL TROTTER,

Defendant and Appellant.

Appointed counsel for defendant Kyrell Trotter has filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) Finding no arguable error that would result in a disposition more favorable to defendant, we will affirm the judgment.

1

FACTS AND PROCEEDINGS We provide the following brief description of the facts and procedural history of the case. (See People v. Kelly (2006) 40 Cal.4th 106, 110, 124.) On July 25, 2014, 75-year-old Gail Paolinelli was at home and heard a knock on the door. He opened the door and was immediately hit in the eye and knocked to the floor. He was dizzy and did not have his glasses on, so he had difficulty seeing. Three men in their late 20’s entered his home, with their faces covered. One of the men instructed Paolinelli to keep his head down, and the man held a 10-inch shiny object over Paolinelli. The two other men went through everything in Paolinelli’s bedroom, and then demanded Paolinelli tell them where his safe was and open it. Paolinelli, who remained on the floor, complied. The men took Paolinelli’s jewelry, coins, keys, wallet, checkbook, cell phone, and other miscellaneous items. The men then duct taped Paolinelli’s legs, wrists, and mouth, told him not to call the police, and left. After the men left, Paolinelli went to the bank and closed his account so the men could not use his checkbook. He had no other phone, so he next went to a cell phone store and had his stolen cell phone shut down. He then called 911 from the store and reported the incident. The police recovered three fingerprints from the duct tape used to tie up Paolinelli. Using an electronic database, a police forensic identification specialist analyzed the prints and determined they belonged to defendant. Prior to trial, the specialist took defendant’s fingerprints and confirmed they matched those provided by the database. Defendant’s grandmother, Carlyon Trotter, testified at trial defendant was living with his grandparents and working at Levi Stadium in San Jose, California, at the time of the incident. Neither defendant nor his grandparents had a car, and defendant did not return to Sacramento to visit until December 2014. Although Carlyon testified defendant was at her house on July 25, 2014, she later admitted she was not sure. Defendant’s