People v. Anderson

Filed 11/27/19 CERTIFIED FOR PUBLICATION

IN THE COURT OF APPEAL OF THE STATE OF CALIFORNIA

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B289456

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. MA072690) v.

DAVAREO STEVON ANDERSON,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Kathleen Blanchard, Judge. Affirmed as modified. Maura F. Thorpe, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General of California, Lance E. Winters, Senior Assistant Attorney General, Noah Hill, Deputy Attorney General, Blythe J. Leszkay, Deputy Attorney General, for Plaintiff and Respondent. *******

A jury convicted Davareo Anderson of attempted first degree burglary. On appeal, Anderson argues the trial court erroneously admitted bad character evidence, should have stricken two prior convictions, and gave him the wrong number of presentence custody credits. In supplemental briefing, Anderson requests we vacate or reverse fines and fees under People v. Dueñas (2019) 30 Cal.App.5th 1157 (Dueñas). We modify the trial court’s oral pronouncement of judgment to reflect a presentence custody credit of 269 days rather than 156 days. We otherwise affirm. Unmodified references are to the Penal Code. I Starla Knutson lived next door to Anderson. Knutson was home alone one evening when she heard the burglar alarm. She turned the alarm off and heard a noise from a bedroom. She walked into the bedroom and saw Anderson shaking the window forcefully from outside the house. Anderson was leaning into the window frame and had a hand on each side. He wore dark gloves, a gray hoodie, and a backpack. Knutson feared Anderson was breaking in. She and Anderson made eye contact. Anderson ran off and jumped a six-foot fence back into his own yard. The window was damaged. There were pry marks and the top and bottom were “punched in.” A piece was missing from the frame. Deputies found a plastic bag on the ground near the window containing clothes and other items. Knutson and her husband found a backpack, a jacket, and other items in the yard. Knutson did not see Anderson after he jumped the fence, but saw a woman standing by the gas meter on the side of the house. Knutson called the police. She told the 911 operator the woman standing outside and Anderson were “at the side of the house” and she was “afraid to go out.”