People v. Tonella CA2/8

Filed 9/16/20 P. v. Tonella CA2/8 NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

SECOND APPELLATE DISTRICT

DIVISION EIGHT

THE PEOPLE, B303014

Plaintiff and Respondent, (Los Angeles County Super. Ct. No. YA098907) v.

CHRISTIAN YOUNG TONELLA,

Defendant and Appellant.

APPEAL from a judgment of the Superior Court of Los Angeles County, Scott T. Millington, Judge. Affirmed.

Paul Stubb, Jr., under appointment by the Court of Appeal, for Defendant and Appellant.

No appearance for Plaintiff and Respondent.

__________________________

Defendant Christian Young Tonella appeals from his conviction by a jury of burglary in the first degree, a serious felony (Pen. Code, § 459), and petty theft, a misdemeanor (§ 484, subd. (a) & § 490.2). We affirm. Defendant was charged with first degree burglary with a person present at the residence of Allen Peterson, and with petty theft of property of a neighbor of Mr. Peterson’s. The information also alleged two prior strike convictions, one for first degree burglary in 1996 and one for robbery in 2000. These were also alleged as prior serious felony convictions. The charges arose from an incident on August 29, 2018, much of which was captured on a surveillance video of activity on Mr. Peterson’s front porch. Mr. Peterson is an elderly man in the late stages of Alzheimer’s disease. He and Mrs. Peterson (who requires a wheelchair) live in the front house on a lot that also has a rear house, both owned by Mr. Peterson. One of the Petersons’ daughters lives with them in the front house, and another daughter lives in the rear house with Michael Sawyer. All of them take care of Mr. and Mrs. Peterson. Mr. Peterson owned collectible cars and antiques, including an antique typewriter and a hand-carved Indian statue. The video of the incident shows defendant bringing a cooler or ice chest to the front porch, and shows Mr. Peterson (sitting down) and defendant on the front porch. (Testimony showed defendant had taken the cooler, along with gardening tools and other items, from the property of a neighbor, Lisa Poulin.) The video also shows defendant entering the front porch multiple times while Mr. Peterson is not there, and leaving the house, first with a lightweight wheelchair, then with the antique typewriter, and then with the Indian statue. Detective Paul Sanderson investigated the incident and viewed the surveillance tape. Because there was no way to