People v. Sosa CA4/3

Filed 12/2/20 P. v. Sosa CA4/3

NOT TO BE PUBLISHED IN OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

FOURTH APPELLATE DISTRICT

DIVISION THREE

THE PEOPLE,

Plaintiff and Respondent, G057632

v. (Super. Ct. No. 18CF3098)

ANTONIO SOSA, OPINION

Defendant and Appellant.

Appeal from a judgment of the Superior Court of Orange County, Michael J. Cassidy, Judge. Affirmed. Paul R. Kraus, under appointment by the Court of Appeal, for Defendant and Appellant. Xavier Becerra, Attorney General, Lance E. Winters, Chief Assistant Attorney General, Julie L. Garland, Senior Assistant Attorney General, Arlene A. Sevidal and Minh U. Le, Deputy Attorneys General, for Plaintiff and Respondent.

Antonio Sosa appeals from a judgment after a jury convicted him of first degree burglary. He argues the trial court erred in instructing the jury and by imposing fines, fees, and assessments. Neither claim has merit, and we affirm the judgment. FACTS One Halloween morning, E.J. was riding her bicycle around her neighborhood when she saw Sosa picking through trash cans down the street. She continued riding her bicycle past him. When she looked back, E.J. saw Sosa walking up the driveway of *** E. R. Avenue (the Property). E.J. saw Sosa walk to the threshold of the open garage. Sosa reached into and touched a couple of items inside the garage. He simultaneously pulled on a piece of plywood and bicycle handlebar to free the bicycle from behind the plywood, but he was unsuccessful. E.J. yelled out, “Stop, get out of there.” Sosa stopped momentarily but resumed trying to dislodge the bicycle. E.J. yelled at him again. Sosa stopped and walked away. E.J. called the police, described Sosa as “a male, possibly [B]lack, carrying two trash bags[,]” and indicated the direction in which he walked. E.J. did not see anyone else that day matching that description. About 10 minutes later, police arrived at the scene. Nearby, an officer saw Sosa carrying two bags of recyclables over his shoulder and digging through trash cans. The officer described Sosa as having dark skin consistent with the report of a Black man. There was no one else in the area matching E.J.’s description. The officer parked his patrol vehicle, approached Sosa on foot, and asked him to put his belongings on the ground. Sosa complied and was initially cooperative. However, Sosa placed his hands inside his front pockets. Because the officer had not done a patdown search, the officer was concerned Sosa may be drawing a weapon. The officer twice ordered him to keep his hands out of his pockets. Sosa refused to comply, continued to dig into his pockets, and stepped away from the officer. The officer reached for Sosa’s wrists, but he continued to back