People v. Gladney CA3

Filed 2/26/21 P. v. Gladney CA3 NOT TO BE PUBLISHED California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for publication or ordered published,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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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 THIRD APPELLATE DISTRICT (Sacramento) ----

THE PEOPLE, C091030

Plaintiff and Respondent, (Super. Ct. No. 18FE011455)

v.

DANTE DARNELL GLADNEY,

Defendant and Appellant.

Appointed counsel for defendant Dante Darnell Gladney filed an opening brief that sets forth the facts of the case and asks this court to review the record and determine whether there are any arguable issues on appeal from the trial court’s judgment. (People v. Wende (1979) 25 Cal.3d 436.) Finding no arguable error that would result in a disposition more favorable to defendant, we affirm the judgment. BACKGROUND On June 13, 2018, Brooke B. was asleep in her bed when, around 6:30 a.m., she heard the front door of her apartment rattling. Thinking it was her brother, Curtis,

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returning home from a business trip, she got up to open the door. It was not her brother at the door but defendant. He put his foot in the door preventing Brooke from closing it. Defendant was not wearing a shirt or shoes. Scared, Brooke asked him what he wanted. Defendant rambled a response mentioning something about keys. Brooke saw that defendant was holding a knife. In an effort to calm him down, she offered to give him food. Brooke went to the kitchen, got some crackers, and gave them to defendant. Wanting to de-escalate the situation and get out of the apartment, she offered to get defendant shoes. Defendant, continuing to ramble, said something about keys, a shower, and shoes. About this time, Brooke realized Curtis may be home, sleeping in his room. Under the guise of getting defendant shoes, she went into Curtis’s room, saw he was sleeping in his bed, woke him up, and told him someone was in the apartment. Curtis saw defendant standing behind Brooke. He also saw the knife defendant was holding. Brooke told defendant to go to the closet in Curtis’s bedroom and take whatever he wanted. As defendant rummaged through the closet, Curtis grabbed his phone and called 9-1-1 while he and Brooke escaped through the sliding door in the bedroom. The two walked to a nearby diner and waited for the police. Officers Jason Lyons and Colby Anderson soon arrived at the apartment. They approached the sliding glass door to Curtis’s bedroom and saw defendant standing inside. They directed defendant to leave the apartment; he did, and they took him into custody. Defendant still was not wearing a shirt or shoes and he had a small knife in his pocket. The knife was part of a wine opener and the blade was about an inch long. Defendant also had Curtis’s wallet, two $100 bills, a wedding ring on his left ring finger, and the keys to Curtis’s car. Defendant told the officers he believed he had reason to be in the apartment. He said Brooke let him in, gave him crackers, and brought him into the bedroom to get shoes. Defendant also told them he took a bottle of wine from the kitchen and opened it