People v. Bernard CA2/6

Filed 1/27/21 P. v. Bernard CA2/6

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, 2d Crim. No. B299406 (Super. Ct. No. NA109423) Plaintiff and Respondent, (Los Angeles County)

v.

DANZEL DEJON BERNARD,

Defendant and Appellant.

Danzel Bernard appeals after a jury convicted him on two counts: (1) first degree residential burglary (Penal Code, § 459)1; and (2) bringing contraband into a jail (§ 4573, subd. (a)). He contends the trial court erred by admitting motive evidence of prior burglaries and by issuing a flight instruction to the jury. He also contends the jury heard insufficient evidence to find he possessed a usable amount of methamphetamine in jail. These arguments lack merit. However, we accept the Attorney

All statutory references are to the Penal Code unless 1

otherwise stated.

General’s concession that appellant’s one-year section 667.5(b) enhancement must be stricken pursuant to Senate Bill 136. Judgment is otherwise affirmed. FACTS AND PROCEDURAL HISTORY Appellant is 40 years old and has spent most of his life in custody. He was incarcerated at the California Youth Authority from age 15 thru 21 for robbery. As an adult he was incarcerated in California for drug possession. He moved to Oklahoma at age 23 and served a year in custody for armed robbery. He returned to California and soon faced convictions for theft and burglary. The burglary at issue here occurred in 2018. A resident of the Alamitos Beach neighborhood in Long Beach noticed appellant walking down the street wearing a light-colored straw hat. Appellant spoke to himself and appeared paranoid. When asked if he needed help, appellant responded that he was looking for his shoes and continued walking up and down the sidewalk. The resident saw him approach the house across the street, check the door, and look in the front window. Appellant then disappeared down the side of the house. The resident called the police after hearing loud banging sounds. Police arrived and saw appellant walk out of the house. Appellant went to the backyard and removed a plank from the back fence. He then walked to the front yard where police arrested him without incident. Detectives found the house’s side door broken off the frame and the inside ransacked. Appellant’s straw hat sat on a dryer in the backyard. Detectives recovered a trash bag containing small purses or makeup bags near the fence where appellant removed the plank. The arresting officer asked appellant if he possessed controlled substances and warned he would face additional charges if he brought contraband into jail. Appellant did not