People v. Xenakis CA5

Filed 9/14/16 P. v. Xenakis CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F070829 Plaintiff and Respondent, (Super. Ct. No. BF157030A) v.

CHRISTINA MARIE XENAKIS, OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Kern County. Kenneth C. Twisselman II, Judge. Alison E. Kaylor, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the State Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo- Christina Marie Xenakis was convicted of two counts of burglary and two counts of misdemeanor possession of stolen property. Appellate counsel failed to identify any

*Before Kane, Acting P.J., Detjen, J., and Smith, J.

arguable issues from the record. After a thorough review of the record, we affirm the judgment. FACTS AND PROCEDURAL HISTORY The amended information charged Xenakis with three counts of first-degree burglary (Pen. Code, §§ 459, 460, subd. (a)),1 and two counts of misdemeanor receiving stolen property (§ 496, subd. (a)). Each of the felony counts in the amended information also charged Xenakis with having served four prior prison terms within the meaning of section 667.5, subdivision (b). Ronald Gray was sitting in his home working on his computer when he noticed a man and a woman walk past his window. It was early in the morning, so the appearance of the two caused him to be suspicious. He watched them walk across a neighbor’s driveway and toward a third neighbor’s garage. He went outside and saw the man ride by on a bicycle; the woman walked toward him carrying a chainsaw. When Gray told the woman to stop, she ran away. Gray entered his pickup and saw a minivan in which the woman was sitting. He pulled in front of the van. The woman backed the van up and drove away. Gray followed, but lost sight of the minivan. A short while later he found the minivan in the roadway turned over on its side. When Gray approached the van, he found there was no one inside. Gray identified Xenakis as the woman he saw carrying the chain saw and running from his neighbor’s house. Gray also authenticated a photographic lineup in which he identified Xenakis as the woman he saw on the date of the incident. Terry Edward Twombly testified that he lived near Gray, who told Twombly on the morning in question that he had been robbed (hereafter the Twombly burglary). Twombly confirmed that a chain saw and a bicycle were taken from his garage. He testified the garage was attached to his house, but there was not a door from the house