People v. Ponce CA5

Filed 6/14/21 P. v. Ponce CA5

NOT TO BE PUBLISHED IN THE OFFICIAL REPORTS California Rules of Court, rule 8.1115(a), prohibits courts and parties from citing or relying on opinions not certified for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 This opinion has not been certified for publication or ordered published for purposes of rule 8.1115.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

THE PEOPLE, F080713 Plaintiff and Respondent, (Tulare Super. Ct. No. PCF382095) v.

TOMMY PONCE, JR., OPINION Defendant and Appellant.

THE COURT* APPEAL from a judgment of the Superior Court of Tulare County. Antonio A. Reyes, Judge. Kristine Koo, under appointment by the Court of Appeal, for Defendant and Appellant. Office of the Attorney General, Sacramento, California, for Plaintiff and Respondent. -ooOoo-

* Before Hill, P.J., Levy, J. and Detjen, J.

INTRODUCTION Appellant and defendant Tommy Ponce, Jr. was convicted of commercial burglary and sentenced to 32 months in prison. On appeal, his counsel has filed a brief that summarizes the facts with citations to the record, raises no issues, and asks this court to independently review the record. (People v. Wende (1979) 25 Cal.3d 436 (Wende).) We affirm. FACTS Around 8:00 a.m. on June 20, 2019, the burglar alarm sounded at the Greyhound Bus Station in Tulare, and the alarm company notified Guy Laber, the owner and operator of the station. The station did not open until 10:00 a.m., and the doors and windows had been locked. When Mr. Laber arrived at the station, he found that a window at the front entrance had been pried open and pushed in. When Mr. Laber entered the business office at the back of the building, he discovered the cash drawer was open and his Rolodex had been moved, but no cash was taken. The locked cabinets had been opened, and a beer and various items were scattered on the counter. The alarm keypad had been ripped off the wall, and that stopped the alarm from continuing to sound. Various papers, bus forms, and a suitcase with clothes were missing. The suitcase had been left unclaimed by a traveler. The culprit had not taken a laptop, keyboard, monitor, and cash from the cash drawer. Tulare Police Officer Aguayo testified he initially responded to the burglar alarm around 7:55 a.m. He looked around the property, did not find any signs of entry, and left the area. About 25 minutes later, Aguayo received another dispatch based on Mr. Laber’s call for assistance. He met with Mr. Laber and saw the window had been pushed in. Mr. Laber played the bus station’s security surveillance video for Officer Aguayo, and it showed a man prying open the window and entering the building. The suspect